A Guide To
MARINE AQUACULTURE PERMITTING
In Connecticut
Tessa S. Getchis
Connecticut Sea Grant Extension Program
University of Connecticut
Cori M. Rose
U.S. Army Corps of Engineers
New England District
David Carey and Shannon Kelly
Connecticut Department of Agriculture
Bureau of Aquaculture
Kristen Bellantuono and Peter Francis
Connecticut Department of Environmental Protection
Bureau of Water Protection & Land Reuse
Office of Long Island Sound Programs
‐Version 2008‐
Published by the Connecticut Sea Grant College Program
University of Connecticut
1080 Shennecossett Road
Groton, CT 06340‐6048
This publication is sponsored in part by the National Oceanic and Atmospheric Administration (NOAA)
Project #NA06OAR4170072 and Connecticut Sea Grant Project No. A/E‐1. While reasonable efforts
have been made to assure the accuracy of the information contained herein, State statutes and agency
policy may change periodically. This document will be updated on an annual basis; however, up‐to‐date
information related to aquaculture regulation should be verified with the State Aquaculture
Coordinator at:
Connecticut Department of Agriculture, Bureau of Aquaculture
Rogers Avenue, P.O. Box 97
Milford, CT 06340
(203) 874‐0696
http://www.doag.gov/ and select "aquaculture"
Sea Grant is a unique partnership between the nation’s universities and its primary ocean agency, the
National Oceanic and Atmospheric Administration. Connecticut Sea Grant, based at the University of
Connecticut, collaborates with maritime industries and coastal communities to identify needs, and fund
research, outreach, and educational activities that have special relevance to Connecticut and Long
Island Sound. Connecticut Sea Grant's vision is to foster sustainable use and conservation of coastal and
marine resources for the benefit of the environment and current and future generations of residents of
Connecticut and the region.
Copies of this document can be downloaded at http://www.seagrant.uconn.edu/permitguide.pdf or
requested from:
Connecticut Sea Grant College Program
University of Connecticut
1080 Shennecossett Road
Groton, CT 06340‐6048
(860) 405‐9128
CTSG‐08‐02
(Version 2008)
2
TABLE OF CONTENTS
I. ACRONYMS AND ABBREVIATIONS .................................................................................. 5
II. GLOSSARY ..................................................................................................................... 6
1 INTRODUCTION .............................................................................................................11
1.1 History of Shellfisheries and Marine Aquaculture in Connecticut .................................11
1.2 Overview of Shellfisheries and Marine Aquaculture in Connecticut ..............................12
1.3 Purpose .................................................................................................................12
1.4 How to Use This Guide ............................................................................................12
2 RESPONSIBILITIES OF REGULATORY AUTHORITIES ........................................................13
2.1 Department of Agriculture, Bureau of Aquaculture ....................................................13
2.2 Why So Many Agencies? ..........................................................................................13
2.3 DEP Office of Long Island Sound Programs ...............................................................14
2.4 DEP Navigation Safety/Boating Access Unit..............................................................14
2.5 DEP Marine Fisheries Division ..................................................................................15
2.6 DEP Bureau of Waste Management and Compliance Assurance Permitting Division .....15
2.7 U.S. Army Corps of Engineers ..................................................................................15
2.8 Local Agencies....................................................................................................... 16
2.9 Other Agencies That May Play a Role in Aquaculture Regulation................................ 16
3 GETTING STARTED IN AQUACULTURE........................................................................... 16
3.1 Developing an Aquaculture Business Plan ................................................................ 16
3.2 Factors to Consider When Starting an Aquaculture Operation.....................................17
3.3 Submerged Aquatic Vegetation and Aquaculture Activity ......................................... 18
3.4 Where Can I Go For Help? ....................................................................................... 19
4 PERMITS FOR COMMERCIAL MARINE AQUACULTURE OPERATIONS............................... 19
4.1 How to Become a Licensed Commercial Aquaculturist............................................... 19
4.2 Leasing Shellfish Grounds in State Waters ................................................................20
4.3 Leasing Shellfish Grounds in Town Waters ................................................................21
4.4 Transport / Importation of Shellfish ..........................................................................21
4.5 Permitting Process for the Joint Programmatic General Permit for Aquaculture ...........22
4.6 How to Complete the Application for a Joint Programmatic General Permit for
Aquaculture............................................................................................................25
4.7 Shellfish Sanitation.................................................................................................27
4.8 Hazard Analysis and Critical Control Points (HACCP) Training .....................................27
5 PERMITS FOR RESEARCH, EDUCATION AND RESTORATION........................................... 28
5.1 Transport/Importation of Shellfish .......................................................................... 28
5.2 Collection of Shellfish for Scientific Investigation...................................................... 28
5.3 Handling Shellfish After Laboratory Use .................................................................. 28
5.4 Collection of Fish, Crustaceans and Other Aquatic Organisms.................................... 28
5.5 Use of Aquaculture Structures................................................................................. 29
5.6 Permitting Research and Education Facilities ........................................................... 29
5.7 Enhancement and Restoration Projects ................................................................... 29
6 REFERENCES ................................................................................................................ 29
7 ACKNOWLEDGEMENTS..................................................................................................30
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APPENDIX A. Contact Information for Permitting and Outreach Agencies.............................31
APPENDIX B. Application for a Joint Programmatic General Permit for Aquaculture ..............33
APPENDIX C. Various Licenses and Permits Associated with Aquaculture ............................ 49
APPENDIX D. State Shellfisheries Statutes.........................................................................51
APPENDIX E. Local Shellfisheries Statutes .........................................................................71
APPENDIX F. Aquaculture and Coastal Regulation Statutes ............................................... 85
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I. ACRONYMS AND ABBREVIATIONS
BMP Best Management Practices
CGS Connecticut General Statutes
COA Certificate for Aquaculture Operations
COP Certificate of Permission
CT DEP Connecticut Department of Environmental Protection
CTSG Connecticut Sea Grant College Program
CZMA Coastal Zone Management Act
CCMP Connecticut Coastal Management Program
DA/BA Connecticut Department of Agriculture, Bureau of Aquaculture
EFH Essential Fish Habitat
ESA Endangered Species Act
GIS Geographic Information System
GPS Global Positioning System
HACCP Hazard Analysis and Critical Control Points Program
IP Individual Permit
ISSC Interstate Shellfish Sanitation Conference
LIS Long Island Sound
MHW Mean High Water
MHHW Mean Higher High Water
MLW Mean Low Water
MLLW Mean Lower Low Water
MPA Marker Permit Application
MPRSA Marine Protection Research and Sanctuaries Act
MSFCMA Magnuson Stevens Fishery Conservation and Management Act
MSL Mean Sea Level
NEPA National Environmental Policy Act
NHPA National Historic Preservation Act
NMFS National Marine Fisheries Service
NOAA National Oceanic and Atmospheric Administration
NPDES National Pollutant Discharge Elimination System
NSSP‐MO National Shellfish Sanitation Program‐Model Ordinance
OLISP Office of Long Island Sound Programs
PA Public Act
PGP Programmatic General Permit (refers to the Joint PGP for Aquaculture)
POTW Publicly Owned Treatment Works
RCSA Regulations of Connecticut State Agencies
SDF & TW Structures, Dredging & Fill and Tidal Wetlands Permit
SGEP Sea Grant Extension Program
USACE United States Army Corps of Engineers
US EPA United States Environmental Protection Agency
US FDA United States Food and Drug Administration
US FWS United States Fish and Wildlife Service
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II. GLOSSARY
Adverse effect is defined as an impediment to water‐related activities or negative impact to the local
ecology of an area. This includes, but is not limited to, floating or submerged obstructions, habitat
disturbance, natural flora and fauna displacement, current flow alteration, and degraded water quality.
Approved area is a location in which shellfish may be harvested for direct consumption or marketing.
Aquaculture is the controlled rearing, cultivation and harvest of aquatic plants and animals as defined
in CGS §22a‐11c.
Aquaculture structure refers to any gear used to contain and/or cultivate shellfish as defined in CGS
§22a‐11c, including, but not limited to racks, cages, or bags as well as buoys marking such structures.
Baseline study is an inventory of a natural community or environment to provide a measure of its
condition at a point of time ‐ often conducted to describe species diversity and abundance against
which future change can be gauged.
Best Management Practices are those policies, practices or procedures implemented to mitigate the
adverse environmental effects of an activity. These are usually voluntary practices developed by
industry, but in some cases may be mandated by law (e.g. Florida).
Certificate of Permission is a certificate issued by DEP/OLISP for certain minor activities involving
dredging, erection of structures, or fill in any tidal, coastal or navigable waters of the state in
accordance with CGS §22a‐361 through §22a‐363c.
Chart datum is the horizontal reference point or "datum" to which soundings on a chart are referred
(e.g. Mean Sea Level or Mean Lower Low Water). Since 1989, horizontal chart datum has been
implemented to MLLW for all marine waters in the United States, and its territories and is based on the
North American Vertical Datum 1988 and North American Datum 1983.
Closed area is a location where the harvesting of shellfish is not permitted either temporarily or
permanently.
Coastal waters refer to those waters of Long Island Sound and its harbors, embayments, tidal rivers,
streams and creeks, which contain a salinity concentration of at least five hundred parts per million
under the low flow stream conditions as established by the Commissioner of Connecticut Department
of Environmental Protection.
Conditionally‐approved area is a location classified for the growing or harvesting of shellfish that
meets the approved criteria under predictable conditions.
Cultch is a natural substrate for oysters, consisting of gravel or crushed shells to which the oyster larvae
may adhere.
Datum refers to any level surface, line, or point used as a reference or origin from which other locations
are measured.
6
Depuration is the process by which the level of bacteria and viruses in shellfish are reduced under
controlled conditions.
Designated shellfish areas are those locations that are recognized as shellfishing grounds including
State shellfish leases, local shellfish leases, and shellfish grants. Designated shellfish areas do not
include natural shellfish beds.
Eelgrass (Zostera marina) is a submerged, rooted, grass‐like flowering plant that grows in shallow
marine waters along the Atlantic coast from Nova Scotia to North Carolina.
Existing or potential uses refers to all water–related activities including, but not limited to, commercial
and recreational fisheries, marine transportation, and recreational boating.
Fecal coliforms are an indicator group of bacteria that, when found at certain levels, suggest bacterial
or viral contamination of the waters.
Federal Navigation Project consists of waterway channels, anchorages, turning basins, locks and
dams, harbor areas, protective jetties and breakwaters authorized by Congressional legislation.
Footprint is the area of the waters’ surface or the area of the bottom covered by or directly or indirectly
affected by aquaculture equipment such as floating, submerged or bottom structures.
Gear perimeter is the outermost limit or boundary of an area that encompasses the aquaculture
structures and any mooring tackle.
Geospatial Information Systems are computer applications used to store, view, and analyze
geographical information.
Global Positioning System is a system of satellites, computers, and receivers that is able to determine
the latitude and longitude of a receiver on Earth by calculating the time difference for signals from
different satellites to reach the receiver.
Grants are town and State shellfish grounds, which are privately owned and held in franchise. This
system was abolished in 1915 and replaced with a leasing program.
High tide line is defined, per CGS §22a‐359c, in as a line or mark left upon intertidal flats, beaches, or
along shore objects that indicates the intersection of the land with the water's surface at the maximum
height reached by a rising tide. The term includes spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the normal or
predicted reach of the tide due to the piling up of water against a coast by strong winds such as those
accompanying a hurricane or other intense storm.
Individual permit is an option used by the U.S. Army Corps of Engineers when an aquaculture project
may result in greater than minimal impacts (as determined by the USACE), either individually or
cumulatively, to aquatic resources and/or navigable waters.
Leases are shellfish grounds held in Public Trust by the citizens of the State of Connecticut. These areas
can be rented by the State to a shellfish producer for a defined period of time.
7
Mean High Water is a tidal datum measured by the average of all of the high tide heights observed
over the National Tidal Datum Epoch.
Mean Higher High Water is a tidal datum derived from the average of the higher of the high tide
heights of each tidal day observed over the National Tidal Datum Epoch.
Mean Low Water is a tidal datum measured by the average of all of the low tide heights observed over
the National Tidal Datum Epoch.
Mean Lower Low Water is a tidal datum derived from the average of the lower of the low tide heights
of each tidal day observed over the National Tidal Datum Epoch.
Mean Sea Level is a tidal datum based on the average of hourly heights observed over the National
Tidal Datum Epoch.
Mudflats (also intertidal flats) are unvegetated coastal wetlands which form when silts, clays, sand and
animal detritus is deposited by the tides of rivers, seas and oceans. They are often found in sheltered
areas such as bays, lagoons, and estuaries. Mudflats may be viewed geologically as exposed layers of
bay mud subject to periodic flooding and minor wave action.
National Geodetic Vertical Datum (NGVD) of 1929 or Mean Low Water (MLW)‐NGVD of 1929 is the
preferred datum for all land based elevations and MLW is the preferred datum for bathymetry (water
depths).
National Shellfish Sanitation Program is a cooperative program of the U.S. Food and Drug
Administration, shellfish‐producing states and the shellfish industry, designed to control the harvest
and distribution of molluscan shellfish for human consumption.
National Tidal Datum Epoch is the specific 19‐year period adopted by the National Ocean Service as
the official time segment over which tide observations are taken and reduced to obtain the average
values to tidal datums (e.g. Mean High Water). The present NTDE is 1960 through 1978, and it is
reviewed annually for revision and/or reconsideration.
Navigable Waters of the United States are those waters of the United States that are subject to the
ebb and flow of the tide shoreward to the mean high water mark and/or are presently used, or have
been used in the past, or may be susceptible to use in the future to transport interstate or foreign
commerce.
North American Datum (NAD 1983) is the official U.S. horizontal coordinate system based on the 1983
National Tidal Datum Epoch, which is based on the center of the earth and is compatible with the
output from global positioning system (GPS) receivers. It replaces North American Datum (NAD 1927),
which is being phased out due to its incompatibility with GPS.
North American Vertical Datum (NAD 1988) is a vertical fixed datum reference to the 1988 Epoch that
replaces National Geodetic Vertical Datum 1929 (NGVD 1929) and is used predominantly on land.
Programmatic General Permit is the joint aquaculture permit developed by the U.S. Army Corps of
Engineers, Connecticut Department of Agriculture, Bureau of Aquaculture and Connecticut
8
Department of Environmental Protection for placement and use of aquaculture structures in tidal,
coastal or navigable waters of Connecticut.
Prohibited area is a location that has been classified as closed to the taking of shellfish for any purpose,
with exception seed oysters greater than 2.75 inches long and needing six months growing time or
more.
Relaying is the transfer of shellfish from Restricted, Conditionally Restricted or Prohibited waters to
Approved or Conditionally Approved waters for natural cleansing.
Restricted area is a location from which shellfish may be relayed to Approved or Conditionally
Approved areas or taken for depuration prior to marketing.
Riparian right is the privilege of an individual owning land containing or bordering on a watercourse or
other body of water, access and use of its banks, bed or waters.
State Jurisdiction Line is the boundary line that separates jurisdictional control between State and
town shellfish grounds in Connecticut.
State Plane Coordinate System is a spatial coordinate system based on Cartesian Coordinate Plane
Surveying Techniques where the projections are either Transverse Mercator or Lambert Conformal
Conic. Connecticut State Plane Coordinate System is based on a Lambert Conformal Conic Projection.
Modern State Plane Coordinate Systems are based on a new Earth Centered datum named North
American Datum of 1983 (NAD83). The unit of measurement for NAD83 is the meter; however,
Connecticut and some other states use the U.S. survey foot as the State’s official unit of measurement.
The system is developed for a designated zone (usually a specific state boundary or several zones
within a state boundary (e.g. counties) which provides a much higher level of accuracy than a regional
or national coordinate system and with minimal distortion. The original unit of measurement for the
State Plane Coordinate System (NAD27) is feet.
Structures, Dredging & Fill and Tidal Wetlands Permit is a permit issued by DEP/OLISP for new work
conducted waterward of the high tide line in tidal, coastal or navigable waters of the State, including
dredging and the placement of structures or fill material pursuant to CGS §22a‐359 through §22a‐363f.
Submerged Aquatic Vegetation generally refers to any of a diverse assemblage of underwater
flowering plants located in fresh, saline or brackish waters. For the purposes of Long Island Sound,
species of SAV are limited to eelgrass (Zostera marina) and widgeon grass (Ruppia maritima).
Tidal Datum is the base elevation from which to reckon heights and depths in terms of the phase of
tide in a specific locality (e.g. Mean Sea Level or Mean Lower Low Water) and is referenced to fixed
points on land known as tidal benchmarks.
Tidal Wetlands, as defined by CGS §22a‐29, refers to those areas which border on or lie beneath tidal
waters, such as, but not limited to banks, bogs, salt marsh, swamps, meadows, flats, or other low lands
subject to tidal action, including those areas now or formerly connected to tidal waters, and whose
surface is at or below an elevation of one foot above local extreme high water; and upon which may
grow or be capable of growing various tidal marsh plant species.
9
Work refers to any activity, construction, or site preparation, erection of structures or placement of fill,
including, but not limited to grading, excavating, dredging or disposing of dredged material, depositing
of soil, stones, sand, gravel, mud, aggregate or construction materials, filling, removing vegetation or
other material, or other modification of a site within the tidal, coastal or navigable waters of the State
waterward of the high tide line.
10
“Connecticut's aquaculture is an integral part of the environmental
resources of the state and provides an irreplaceable economic and
recreational asset to the state's citizens.”
— Connecticut Aquaculture Commission, 1986
1 INTRODUCTION
1.1 History of Shellfisheries and Marine Aquaculture in Connecticut
Records from archaeological surveys show that Native Americans harvested Eastern oysters
(Crassostrea virginica) in southern New England as early as 4,000 years ago (Bellantoni & Harty 2001). In
fact, in 1638 the first settlers in New Haven witnessed Native Americans eating large quantities of
oysters (Galpin 1989). As colonist populations expanded along the coast, oyster populations close to
shore quickly became depleted, leading to interest in aquaculture. Only a small fishery existed in the
mid‐1700s; however, by the 1800s cultivators were spreading “cultch” or dried shell in shallow water to
catch spawn (Trapp & Brockett 1999).
Municipal management of shellfisheries first came into play in 1750 when each town was given the right
to restrict harvest in terms of season, location and/or catch size. A century later, the “Two‐acre Law”
allowed towns to grant the right to cultivate oysters in a defined area (Kotchiss 1974). These grants
resulted in a perpetual franchise or private ownership of underwater shellfish beds. During this period,
the oyster trade was the leading business in the New Haven area, with more than 300 boats engaged in
harvest (Barber 1836). The perpetual franchise system was abolished in 1915 and replaced with the
leasing program that exists today.
In 1881, the Legislature established the State Shellfish Commission with “exclusive jurisdiction and
control over all shellfisheries”. A State Jurisdiction Line was established representing the boundary
between State and town jurisdictional control over shellfish grounds. The Commission was charged
with surveying and mapping all town designated oyster beds, outlining all natural oyster and clam beds,
developing a plan for appraising and taxing new grounds, and making annual reports to the Legislature
on the condition of the industry, among other duties (Ingersoll 1881). 1
Oyster harvests peaked between 1885 and 1910, and for various reasons, production decreased
dramatically throughout the early and mid‐1900s. Although the industry did not recover for three‐
quarters of a century, state‐of‐the‐art shellfisheries research was thriving in Connecticut. In 1942, the
National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA NMFS)
constructed an aquaculture laboratory in Milford, where scientists developed classic techniques for
shellfish and algae cultivation. These scientists and their research became world‐renowned, and the
laboratory continues to be an asset to the development of the State and region’s industry.
1
Electronic copies of these reports can be obtained from the Connecticut Department of Agriculture, Bureau of Aquaculture. Reports document
and map the location of private grants and natural shellfish beds dating back to the 1890s.
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In 1972 a full‐time State agency, the Department of Agriculture’s Bureau of Aquaculture (DA/BA), was
created. Several other legislative actions followed to promote the development of the industry. In
1981, the State redefined the term “agriculture” to include “aquaculture”, being one of the first states
to do so (McCarthy 2001). As a result, aquaculturists were granted rights to the same benefits (e.g. tax
evaluation based on use, low‐interest loans, federal disaster assistance, etc.) as land‐based farmers.
Public Act‐83‐36, established a statewide commission to promote aquaculture development. The
Aquaculture Commission provided several recommendations on how the State could enhance
aquaculture production. A major accomplishment based on Commission recommendations included
the establishment of a $3 million cultch fund to restore the public seed beds. This effort led to
tremendous growth in oyster production and resulted in the State becoming the top oyster producer in
the nation. This period of growth lasted only a decade, as an outbreak of MSX disease (Haplosporidium
nelsoni) in 1997 reduced oyster populations by nearly 80% (John Volk, personal communication, April
17, 2001).
Today, expansion of naturally disease‐resistant oyster populations, and the use of hatchery‐raised seed
bred for disease resistance has resulted in modest to moderate increases in oyster production along the
coast. Northern quahog or hard clam (Mercenaria mercenaria) production became increasingly popular
with the introduction of bull‐rakes in the 1920s, and later hydraulic dredges in the 1950s, which made
harvesting more efficient. Clam production has increased exponentially in the last three decades and
the hard clam remains today the top produced shellfish species.
1.2 Overview of Shellfisheries and Marine Aquaculture in Connecticut
Marine aquaculture, in the form of shellfish production, currently represents the largest segment of the
aquatic farming industry in Connecticut. In fact, the state's largest farms are underwater, with over
77,000 acres of leased and franchised shellfish grounds. The size and type of these operations vary
greatly, but collectively they represent a $25 million industry (Connecticut Department of Agriculture,
Bureau of Aquaculture). While traditional bottom cultivation of shellfish is still the predominant form of
aquaculture in Long Island Sound, the use of submerged aquaculture structures (e.g. cages, rack and
bags, long lines and predator netting), floating structures (e.g. bags, floats, nets and upwellers) and
hatchery equipment has become increasingly popular. However, the installation of gear and use of
these structures along our highly urbanized coastline has raised a number of concerns including boater
safety, navigational hazards, liability, aesthetics, and potential effects on the environment.
Consequently, the permitting process has become more complex and challenging to both the
producers of aquatic organisms and their respective regulatory agencies (Getchis 2005).
1.3 Purpose
The purpose of this guide is to help existing, new and prospective producers better understand the
laws, policies and permitting procedures applicable to marine aquaculture in Connecticut, ideally
resulting in a reduction of the time it takes to acquire permits. The regulatory agencies share a role in
enabling aquaculture activities while protecting critical habitats and species and balancing the various
recreational and commercial uses and aesthetic values of Long Island Sound. This guide shall serve as
an introduction to the permitting process, but should not replace regular communication with the
regulatory agencies.
1.4 How to Use This Guide
This document serves as a guide to the processing of marine aquaculture applications. The user will
become familiar with the agencies involved in the permitting process, their roles and responsibilities,
and the expectations that these agencies have for the applicant interested in leasing shellfish grounds
and/or utilizing aquaculture structures or hatcheries for commercial, research or educational purposes.
For new producers, contact information is provided on how to get started in aquaculture. A chart listing
common acronyms and abbreviations for common terms is provided.
2 RESPONSIBILITIES OF REGULATORY AUTHORITIES
2.1 Department of Agriculture, Bureau of Aquaculture
The Connecticut Department of Agriculture, Bureau of Aquaculture is the lead state agency for
aquaculture development in Connecticut. The responsibilities of the DA/BA include leasing submerged
State lands to shellfish producers, classifying shellfishing waters, monitoring water quality, identifying
sources of pollution and seeking corrective actions, and the licensing of all commercial shellfish
operations and research or educational activities. With respect to aquaculture, the DA/BA Director acts
as a liaison among local, State and federal permitting officials, and is the official State Aquaculture
Coordinator.
The Bureau has exclusive State authority for granting or denying aquaculture permits pursuant to
Connecticut General Statutes (CGS) §22‐11h, except for matters concerning discharges from marine
aquaculture operations, water diversions, and placement of floating or submerged aquaculture
structures in the coastal zone that require permitting through the federal Coastal Zone Management
Act (CZMA) and Connecticut’s Coastal Management Program (CCMP). These activities are regulated
cooperatively at the State and federal level with the Connecticut Department of Environmental
Protection (CT DEP) and the U.S. Army Corps of Engineers (USACE) New England District.
Shellfisheries and aquaculture in Connecticut’s coastal zone are governed by the Connecticut General
Statutes. State shellfisheries are covered in CGS Chapter 491 (§26‐187 to §26‐237c), local shellfisheries
in CGS Chapter 492 (§26‐238 to §26‐294), and aquaculture and pertinent coastal regulatory statutes are
listed in Chapter 422 (§22‐11c to 22‐11h); Chapter 440 (§22a‐28 to §22a‐35); Chapter 444 (§22a‐90 to
§22a‐112); Chapter 446i (§22a‐359 to §22a‐363f); Chapter 441k (§22a‐416 to §22a‐430); Chapter 490
(§26‐55; §26‐57; §26‐157a); Chapter 802b (§45a‐322 to §45a‐323); §22a‐30‐1 to §22a‐30‐17 of the
Regulations of Connecticut State Agencies (RCSA) and Section 401 of the Federal Clean Water Act (33
U.S.C., Sec. 1314). All statutes specific to shellfisheries and aquaculture are listed in Appendices D‐F.
2.2 Why So Many Agencies?
In 1999, Public Act 99‐93 (later codified as CGS §22‐11h) was passed which transferred regulatory
authority of most shellfish aquaculture activities from the Department of Environmental Protection to
the Department of Agriculture. However, the CT DEP Office of Long Island Sound Programs
(DEP/OLISP) remains responsible for the review of aquaculture applications to determine whether or
not a project meets the exemptions for aquaculture‐related activities as identified in CGS §22‐11h(c).
Specifically, DEP/OLISP has retained its regulatory authority of marine aquaculture discharges, water
diversions and placement of structures in the coastal zone. These activities require consistency review
with the State’s Coastal Management Program, which is administered by the DEP/OLISP.
Following codification of PA 99‐93, there lacked a process to coordinate review of proposed
aquaculture activities among local, state and federal regulatory agencies. In response, the USACE New
England District modified the existing Connecticut Programmatic General Permit for Aquaculture to
incorporate DEP/OLISP CCMP requirements not otherwise considered by the Public Act’s transfer of
regulatory authority for aquaculture on leased beds to the DA/BA. A joint permit application was
13
developed for aquaculture activities that ensures the incorporation of CCMP consistency evaluation
among all responsible regulatory agencies with the DA/BA as the first point of contact for receipt.
The Application for the Joint Programmatic General Permit (PGP) for Aquaculture results in the
issuance of one or more of the following types of permits depending on the nature and location of the
work proposed:
1) Programmatic General Permit
2) Individual Permit (IP)
3) Structures, Dredging & Fill and Tidal Wetlands Permit (SDF & TW) 2
4) Certificate of Permission (COP)
5) Permit for Regulatory Markers
Once the appropriate permit(s) is granted, the DA/BA issues a Certificate for Aquaculture Operations
(CAO) to the applicant. The review process for the Joint Programmatic General Permit for Aquaculture
is explained in detail in Section 4.5. Contact information for the regulatory agencies can be found in
Appendix A of this document.
2.3 DEP Office of Long Island Sound Programs
The State of Connecticut has been regulating all in‐water structures, obstructions and encroachments
since 1939. The Connecticut Department of Environmental Protection, Bureau of Water Protection &
Land Reuse, Office of Long Island Sound Programs is responsible for the implementation, oversight and
enforcement of the state's Coastal Management Program. The Program is administered by the DEP
and is approved by NOAA under the federal CZMA. Under the statutory umbrella of the Connecticut
Coastal Management Act (CCMA), enacted in 1980, the Program ensures balanced growth along the
coast, restores coastal habitat, improves public access, protects water‐dependent uses, public trust
waters and submerged lands, promotes harbor management, and facilitates research. The Coastal
Management Program also regulates work in tidal, coastal and navigable waters and tidal wetlands
under the CCMA (Section 22a‐90 through 22a‐112 of the Connecticut General Statutes), the Structures
Dredging and Fill statutes (Section 22a‐359 through 22a‐363f) and the Tidal Wetlands Act (Section 22a‐
28 through 22a‐35).
With respect to aquaculture, DEP/OLISP currently reviews aquaculture applications to determine
whether or not the proposal meets the specific exemptions for aquaculture‐related activities as
identified in CGS §22‐11h(c).
2.4 DEP Navigation Safety/Boating Access Unit
DEP/Boating is responsible for planning; developing and implementing the Navigation Safety program,
which includes appropriate marking of aquaculture structures. DEP/Boating reviews all aquaculture
proposals for navigation, safety and boating access. The applicant should be aware that if a boat is able
to transit the area where aquaculture structures are proposed to be placed, they will likely be required
to obtain a Marker Permit Application (MPA) from the Navigation Safety/Boating Access Unit. It is
recommended that prior to the submittal of an aquaculture application, the applicant contact this Unit
for information about the permit and the permitting process associated with it.
2
To download the SDF & TW application, select application for “Programs Administered by OLISP”
14
2.5 DEP Marine Fisheries Division
The CT DEP Marine Fisheries Division is responsible for regulating recreational and commercial
fisheries for finfish, squid and arthropods in Connecticut’s marine waters, with the goal of maintaining
sustainable fisheries and fish populations. To this end, the Division regulates various aspects of those
fisheries, including fishing gear, placement of gear, minimum and maximum sizes, possession limits,
seasons, landings at Connecticut’s ports, and certain aspects of handling product in the marketplace.
The Marine Fisheries Division reviews applications for aquaculture activity for effects on fish and fish
habitat, as well as effects on the commercial and recreational fisheries under the Division’s jurisdiction.
Comments on applications, including recommendations to avoid or minimize adverse effects on
resources and fisheries, are sent to the DEP/OLISP, DA/BA and the USACE for inclusion in the joint
review process. To contact the Marine Fisheries Division, call (860) 434‐6043.
2.6 DEP Bureau of Waste Management and Compliance Assurance Permitting Division
The DEP regulates discharges to waters of the State, including all surface waters, ground waters and
Publicly Owned Treatment Works (POTW) (i.e. sewage treatment plants). DEP issues discharge permits
in three major categories. This includes discharges from aquaculture facilities (i.e. hatcheries).
The Surface Water Discharge Permit Program, also known as the National Pollutant Discharge
Elimination System (NPDES) under federal law, regulates discharges into surface waters (either directly
or through municipal storm sewer drainage systems, or through other drainage systems such as
wetlands or swales).
The Ground Water Discharge Permit Program regulates discharges to ground water from any source,
including but not limited to large septic systems, agricultural waste management systems, and all
waste landfills.
The Pre‐treatment Permit Program regulates discharges to a POTW, through municipal sanitary sewer
drainage systems, or through combined storm and sanitary sewer systems. All wastewaters (excluding
domestic sewage) that are hauled directly to a POTW will require either a pre‐treatment permit or will
be regulated under the POTW's permit. Domestic sewage hauled directly to a POTW is regulated by the
Connecticut Department of Public Health.
Please be aware that any individual or municipality that discharges water, substances, or materials into
the waters of the State is required to obtain a permit prior to commencing the discharge. Waters of the
State include all surface and ground waters, sanitary and storm sewers. Subsurface discharges of
domestic sewage which are not community sewer systems and which have a volume of less than 5,000
gallons per day are regulated solely by local health departments in accordance with the Connecticut
Department of Public Health. For additional information contact DEP Bureau of Waste Management
and Compliance Assurance Permitting Division at (860) 424‐3018.
2.7 U.S. Army Corps of Engineers
The USACE regulates aquaculture activities in coastal waters and adjacent wetlands under the Rivers
and Harbors Act of 1890, and in some cases, the Clean Water Act of 1977. Federal regulation prohibits
the unauthorized obstruction or alteration of any “navigable waters” of the U.S. and requires USACE
approval for any work that may affect the course, condition, location or capacity of navigable waters.
Laws and policies such as the Clean Water Act, Section 103 of the Marine Protection Research and
Sanctuaries Act (MPRSA), and the National Environmental Policy Act (NEPA) have broadened the
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federal regulatory responsibility of the USACE to provide full public interest review of placement and
construction of structures, and excavation or deposition of materials in, over, or under navigable waters
for both the protection and balanced use of water resources. In addition, the federal CZMA requires the
USACE to ensure that permitted activities directly affecting a state's coastal zone are in compliance
with the state’s approved CCMP, administered in Connecticut by DEP/OLISP.
2.8 Local Agencies
Connecticut's municipal Shellfish Commissions are responsible for managing shellfish resources,
shellfisheries and aquaculture in waters lying north of the State Jurisdiction Line, or “town waters”.
Each commission is required to develop a comprehensive management plan that includes a process for
leasing commercial shellfish grounds and providing local review of applications for placement of
aquaculture structures in town waters.
Although these local decision‐makers do not have legal authority to permit aquaculture structures, the
Commissions play a role in the review process for potential social and use conflicts, as well as potential
effects on protected habitats and/or species caused by aquaculture activity. If projects are located in
municipal waters, the local shellfish commission is consulted. Comments received from the local
shellfish commission with regard to aquaculture applications are submitted to the DA/BA, and are then
forwarded to DEP/OLISP and USACE.
2.9 Other Agencies That May Play a Role in Aquaculture Regulation
Other agencies at the local, state and federal level may play a role in reviewing aquaculture
applications. These may include, but are not limited to the following agencies:
• U.S. Environmental Protection Agency
• U.S. Food and Drug Administration
• U.S. Fish and Wildlife Service
• U.S. Coast Guard
• NOAA National Marine Fisheries Service
• Minerals Management Service
• Northeast Fishery Management Council
• Atlantic States Marine Fisheries Commission
• Connecticut Historical Commission ( 3 )
• Local Harbor Management Commissions
3 GETTING STARTED IN AQUACULTURE
3.1 Developing an Aquaculture Business Plan
There are several key factors that should be considered before starting a new aquaculture operation.
Before selecting a species, it is critical to explore the potential marketability and distribution of the
crop. A good business plan always begins with a marketing strategy, and research on potential markets
and customers is critical. Once a species is selected, site selection is the next step as location is key to
any business. For all aquaculture operations, an abundant source of high quality water is essential.
Proximity to shoreline resources such as fuel, ice and transportation should be considered, as well as
determining acceptable routes of access to/from the site. Prospective aquaculturists should be careful
3
All applications are sent to the Connecticut Historical Commission for review and comment pursuant to the National Historic Preservation Act
of 1966. In rare cases, the applicant may be required to contract for an archeological reconnaissance survey in order to document the presence
or absence of significant archeological sites. If the proposed operation would damage a significant historical or archeological resource, the
USACE may require modification of the proposal, or deny authorization for the proposed activity.
16
when selecting lease sites, as Restricted or Conditional areas may require relay of shellfish to Approved
waters. Choosing a site with minimum environmental, social or use conflicts or impacts is also
imperative and is discussed in the next section. Permitting aquaculture activity, especially the use of
floating, submerged or bottom structures, takes considerable time. Interested applicants should have a
clear understanding of what state, federal and local requirements would pertain to the aquaculture
operation, and allow adequate time for application review.
For additional and in‐depth information on factors to consider when developing an aquaculture
business plan, download Decision‐making Factors for Investment in Aquaculture (Pomeroy 2003).
3.2 Factors to Consider When Starting an Aquaculture Operation
There are many factors of to consider when designing an aquaculture project. Both State and federal
legislation requires an evaluation of the potential social, environmental and economic effects of any
proposed aquaculture activity. Careful consideration should be given to other existing uses and natural
resources at the site to avoid use conflicts and prevent or minimize adverse effects to the environment.
These factors should always be considered prior to obtaining lease rights and/or investing in
aquaculture gear or equipment.
The potential effects of an aquaculture project are generally related to the geographical location and
size of the facility and the type of gear used. These effects can be beneficial or detrimental, where the
benefits accrued by the project may be social, economic and environmental in nature. Shellfish
production may result in lower harvest pressure on wild species, a source of juveniles for the
enhancement of natural populations and/or improved local water quality where existing conditions are
limited. Aquaculture structures provide three‐dimensional habitat which has been shown to increase
diversity and abundance of ecologically important organisms.
Aquaculture operations can potentially cause adverse effects to the natural environment in which they
are placed, or threaten historic uses of the site. Some examples include the modification of natural
coastal processes such as long‐shore movement of sediment, the accumulation of particulate matter
below aquaculture gear or structures, reduction in abundance or diversity, or damage to estuarine flora
and fauna, the loss (or perceived loss) of natural character and amenity value, or competition with wild
fisheries. When developing a business plan, the prospective aquaculturists should consider the
following:
Environmental Considerations
• Will the activity alter water quality?
• Will the activity alter species abundance and/or diversity?
• Will the activity disturb or displace essential fish habitat?
• Will the activity disturb or displace submerged aquatic vegetation?
• Will the gear withstand forces of nature (e.g. wind, waves, tides)?
• Is there a contingency plan for gear failure and appropriate marking of both the equipment and
the lease area in accordance with State of Connecticut requirements?
Social Considerations
• Will the operation function during early morning or late evening hours?
• Will the facility, vessels, gear or maintenance cause visual or audio disturbance?
• Will the facility, gear, vessels prevent or limit:
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• Navigation (e.g. shipping, ferry routes, designated or common fairways)
• Commercial uses (e.g. fishing)
• Recreational uses (e.g. fishing, pleasure boating, moorings or anchorages)
• Safe ingress and egress for riparian owners
• Safe traverse for boaters
• Public access to the site
The best way to facilitate rapid review of your aquaculture application is to conduct a pre‐application
meeting with DA/BA, USACE and DEP/OLISP prior to the submittal of an application. During this
meeting, the applicant will discuss the project scope and size, as well as the proposed location for such
aquaculture activity. By participating in this pre‐application meeting, the applicant will be able to
submit an application that avoids or minimizes user conflicts; minimizes environmental impacts, and is
cited in a proper location.
Applicants should be aware that being the first or the largest operation of its kind will most likely
subject the application to greater scrutiny, requiring greater justification for the project need, more
baseline information on the environmental parameters of the site, and a detailed assessment of the
potential direct, indirect, individual and cumulative effects of the project.
3.3 Submerged Aquatic Vegetation and Aquaculture Activity
If there is documentation that the proposed aquaculture site may have historically, or recently,
supported submerged aquatic vegetation (SAV), the applicant may be required to complete a
qualitative or quantitative survey of the proposed gear installation area. Currently, Connecticut does
not have formal guidelines established for the survey of SAV, although the National Marine Fisheries
Service, in coordination with individual states, has initiated a regional attempt at the development of
such guidelines. Guidelines have been established by NMFS for the State of New Jersey, and are being
used as a resource in Connecticut. Copies of this guidance document entitled “Seagrass Survey
Guidelines for New Jersey” (NMFS 1991) is available from the USACE (see Appendix A for contact
information).
If the applicant is required to provide a qualitative assessment, the following recommendations may be
of assistance:
• Develop a proposed sampling plan to the agency which is requesting the survey and obtain
their approval before commencing the work
• Conduct a qualitative survey of the proposed aquaculture site to determine the presence or
absence of SAV and macrobenthic vegetated habitats (e.g. rockweed, kelp and other seaweed)
• Conduct SAV surveys during the growing season (June through September), and preferably
during the period of peak biomass, which usually occurs in the states of Connecticut during July
and August.
• Record the date and time of investigation, method of investigation, approximate height of tide
and water visibility at the time of the survey. A benchmark reference for hydrographic survey is
helpful.
• Identify the greatest depth that SAV appears within, or immediately adjacent to, the project
area. This can be performed by snorkeling or diving the entire area along a transect (straight
line), perpendicular to the shoreline, commencing from mean low water (MLW) to the depth
waterward where SAV no longer appears.
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• If the proposed activity is for filling, dredging or the placement of aquaculture gear (e.g. cages,
bags, longlines), the SAV survey should be conducted utilizing an exploratory survey such as the
one identified above and should encompass the entire gear area (footprint) plus an additional
buffer zone of 50 feet beyond the predicted area of disturbance.
• If the proposed activity is a structure (e.g. float or pier), the survey should be conducted utilizing
an exploratory survey such as the one identified above. Preferably, one or more transects
should be situated to mirror the alignment of the proposed structure and should document the
landward and waterward‐most extent of vegetation, if present. At a minimum, SAV should be
delineated during the height of the growing season July and August, to the extent practicable,
within a 50‐foot radius defined by a fixed point located at the terminus of the fixed pier or float.
• If possible, document dive surveys using a video camera.
• Delineate SAV on project plans as clearly, and as accurately, as possible
It is important to note that the above items are just suggested guidelines and are not requirements of
the State of Connecticut or any specific federal agency. However, adhering as closely as possible to
these suggestions or other recommendations provided by the requesting agency will greatly assist both
federal and State agency biologists and regulatory agencies in review of an application for a permit.
In many instances, the presence of SAV within the bounds of the subject lease does not disallow the
project. If the project is found to be acceptable, , the inclusion of a special permit condition prohibiting
the installation of aquaculture gear and mooring tackle within 25 feet of the vegetation boundary may
be included in any authorization/permit issued to the applicant.
3.4 Where Can I Go For Help?
The prospective aquaculturist should contact the local Sea Grant Extension office to gather information
on financing the aquaculture operation, marketing, species, system and site selection, and water
quality. The Sea Grant Extension office provides one‐on‐one consultation, group workshops, and/or
topical literature. The Sea Grant Program also hosts AquaGuide, an online resource guide for
aquaculture in Connecticut. The web site contains various print and multi‐media resources for the
beginner and advanced aquaculturist.
All permitting questions should be directed to the State Aquaculture Coordinator, located at the
DA/BA. Contact information is provided in Appendix A.
4 PERMITS FOR COMMERCIAL MARINE AQUACULTURE OPERATIONS
4.1 How to Become a Licensed Commercial Aquaculturist
Shellfish aquaculture is broadly divided into three categories: 1) traditional bottom culture (no gear); 2)
gear cultivation (use of floating, submerged or bottom structures; and 3) hatchery culture.
Individuals seeking to cultivate shellfish using traditional bottom culture practices in which gear
(including predator netting) is not necessary require a lease from the DA/BA. If the proposed activity is
to take place in town waters, contact the local Shellfish Commission. In addition, several other licenses
and/or permits may be required depending on the type of activity to be conducted (e.g. transplant,
relay). See Appendix C for a list of licenses and permits and links to applications.
Individuals seeking to use cultivation gear (e.g. bags, cages, long lines, etc.) or utilize a hatchery must
complete the Application for a Joint Programmatic General Permit for Aquaculture. It is not necessary
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for the aquaculture activity to be located on a lease, however, additional licenses or permits may be
required if the proposed activity will not be located within a lease.
4.2 Leasing Shellfish Grounds in State Waters
All underwater lands in Connecticut are considered to be held in the public trust and cannot be
purchased for sale. Therefore, applicants must apply for a lease with the State of Connecticut through
the DA/BA (Figure 1). Applications may be obtained at the DA/BA office in Milford, or may be requested
by phone (203) 874‐0696. Applicants should consult with DA/BA staff in order to review lot coordinates
prior to submitting a lease application. Grounds must be used for shellfish planting and cultivation and
cannot interfere with any established right of fishing. Grounds cannot be leased to non‐residents unless
their state offers reciprocity. To determine which grounds, if any, are currently open to the bid process,
visit the DA/BA Web site online at: http://www.ct.gov/doag/site/default.asp, select “aquaculture” &
“New Shellfish Bed Lease Opportunities”.
Lease applications must be accompanied by a fee in the amount of $100.00, which includes an
advertising fee of $90.00, and a recording fee of $10.00. In some instances, the actual cost for
advertising is greater or less than $90.00. In this case, the difference is returned to, or collected from,
the applicant. The applicant also submits a bid for the lease along with the lease application. The policy
of the DA/BA requires a minimum bid of $4.00 per acre and a lease is granted for a period of three (3)
years. The lease may be renewed provided the lessee has paid the yearly rental fee.
The Commissioner of Agriculture will lease to the highest responsible bidder. All bids, upon receipt, are
kept in the vault to be opened by the Commissioner (or his authorized representative) at the location,
time and date as indicated in the Legal Notice for Bidders. Accompanying each bid is a check, payable
to the Commissioner of Agriculture, for one (1) year's rental fee. If the applicant is not the successful
bidder, the $100.00 Lease Application Fee, and bid for one (1) year's rental fee, is returned.
The successful bidder ("lessee") is responsible for an engineering fee of $35.00 per corner, which is
required to cover the cost of surveying per CGS §26‐200. The successful bidder is responsible for
buoying the proposed lot, or the lessee may choose to pay the DA/BA the cost of buoying the proposed
lot for the purpose of identifying the area during bidder resource surveys. The successful bidder is also
responsible for providing all poles, buoys, buoy stones, floats and rope used in connection with the
surveying of the lease or the lessee may choose to have DA/BA furnish these items. In this case, the
lessee is billed at the rate of:
• Six dollars and twenty‐five cents ($6.25) for each buoy pole used.
• Five dollars and fifty cents ($5.50) for each buoy stone used.
• Six dollars and fifty cents ($6.50) for each float used.
• Ten cents (10¢) per foot of rope used.
• Seventy‐five cents (75¢) for each flag used.
• The DA/BA Boat Captain will report on materials actually used.
All lease areas are surveyed and recorded by Global Positioning System (GPS) and coordinates and
lease information stored in a Geographic Information System (GIS) database managed by the DA/BA.
Printed maps of leased areas can be obtained from the DA/BA for a fee of $2.00 per map.
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Figure 1. Leasing Process for State Shellfish Grounds
4.3 Leasing Shellfish Grounds in Town Waters
Requirements vary by town. Contact your local shellfish commission for additional details. Contact
information for shellfish commissions appears in The Guide to Shellfishing Along the Coast of
Connecticut (Getchis 2008).
4.4 Transport / Importation of Shellfish
A license is required any time shellfish broodstock, larvae or seed are transported within, or imported
into, the State of Connecticut. The applicant must submit an Application for a Scientific/Resource
Assessment license. There is no application fee or charge for the license. Call the DA/BA at (203) 874‐
0696 for additional information.
In addition, the importat ion of larvae, seed, broodstock or adult shellfish from a hatchery/supplier
outside of Connecticut requires approval by the state shellfish pathologist. Health cert ificates
provided by other pathology laboratories may be acceptable, but not without approval of Connecticut’s
State Shellfish Pathologist. Please contact Dr. Inke Sunila at DA/BA (203) 874‐0696, isunila@snet.net
prior to importation activity to prevent shellfish diseases from entering into the State. Pathology
testing may be done free of charge.
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4.5 Permitting Process for the Joint Programmatic General Permit for Aquaculture
Applicants seeking to cultivate and/or depurate shellfish or other marine organisms using any method
other than traditional on‐bottom culture without the use of any structures must complete the
Application for a Joint Programmatic General Permit for Aquaculture. Before completing the
application, a pre‐screening meeting with the State Aquaculture Coordinator, located at DA/BA office
in Milford, is recommended. If the proposed project area is within town waters, the proposed project
plan must be reviewed by the local shellfish commission prior to completing the Application for a Joint
Programmatic General Permit for Aquaculture.
The Application for a Joint Programmatic Permit for Aquaculture may be obtained at the DA/BA office
Milford or by calling (203) 874‐0696. Individuals should submit their application directly to the DA/BA.
There is no fee in association with the Application for a Joint Programmatic General Permit for
Aquaculture; however, other required permits may have an associated fee.
When DA/BA receives the Application for a Joint Programmatic General Permit for Aquaculture, copies
are forwarded to the following agencies: DEP/OLISP, DEP/Marine Fisheries, DEP/Boating, USACE and
to the local Shellfish Commission, if applicable. All applications for proposed aquaculture activities are
screened initially under the Joint Programmatic General Permit for Aquaculture. Upon receipt of the
application from DA/BA, DEP/OLISP determines whether the proposal meets the specific aquaculture
exemption criteria.
If the aquaculture gear has the potential to interfere with navigation, and/or will not be located within a
lease, franchise or designated shellfish areas, the activity will likely require a Structures, Dredging & Fill
and Tidal Wetlands Permit or Certificate of Permission from DEP/OLISP.
The Structures, Dredging & Fill and Tidal Wetlands permit (select application for “Programs
Administered by OLISP”) is issued by DEP/OLISP for new work conducted waterward of the high tide
line in tidal, coastal or navigable waters of the state, including dredging and the placement of structures
or fill material pursuant to CGS §22a‐359 through §22a‐363f. An example of a permit‐eligible
aquaculture activity would be the installation of an intake pipe into Long Island Sound to divert
seawater into a hatchery located on the upland.
The Certificate of Permission is issued by DEP/OLISP for certain minor activities involving dredging,
erection of structures, or fill in any tidal, coastal or navigable waters of the state in accordance with CGS
§22a‐361 through §22a‐363c. An example of COP eligible aquaculture activity would be the installation
and attachment of a floating upweller or other aquaculture equipment to an existing, permitted
structure such as a dock.
Upon review of application, DEP/OLISP sends a letter to the applicant stating that whether the project
is exempt or not from DEP/OLISP permits. If project is not exempt, the appropriate permit application
form and instructions are forwarded to applicant. DEP/OLISP also indicates in the letter that the
applicant may be required to obtain a permit for regulatory markers and states that the applicant must
contact the DEP Navigation Safety/Boating Access Unit to determine such. DEP/OLISP does not make
this determination.
The CT DEP Navigation Safety/Boating Access Unit (DEP Boating) may require that informational
buoys mark the location of aquaculture structures. If a boat is able to transit the area where structure(s)
22
is proposed to be placed, the applicant will likely be required to obtain a Marker Permit Application
from DEP Boating.
The USACE conducts a coordinated review with other State and federal regulatory and resource
agencies, as appropriate (Figure 2). After the initial review process, applicants will be notified in writing
of further requirements or information (if any) within 45 days. For those activities in which the federal
or state regulatory agencies or environmental resource agencies identify concerns for greater than
minimal impacts, either individually or cumulatively to aquatic resources or navigable waters, an
Individual Permit review, rather than a PGP, will be required. If a determination is made that an IP is
required, USACE provides all of the instructions and forms in a transmittal letter. If the proposed
project will result in unavoidable and unacceptable adverse effects to navigable waters or aquatic
resources, permit authorization will be denied.
If the USACE grants authorization for aquaculture gear or intake/discharge pipes in waters of the
United States, the applicant will receive a letter of approval of the PGP directly from the USACE. The
USACE will add special conditions to the Army permit when such conditions are necessary to satisfy
legal requirements or to otherwise satisfy the public interest requirement. Permit conditions will be
directly related to the impacts of the proposal, appropriate to the scope and degree of those impacts,
and reasonably enforceable. The USACE is also authorized to add special conditions, when necessary,
to more specifically clarify the authorization of the permitted activity. In addition, if the USACE has
reason to consider that the permittee might be prevented from completing the work, such as removal
of abandoned gear or other clean up operations, or executing the project consistent with special
conditions of the permit which are necessary to protect the public interest, the agency may require the
permittee to post a bond of sufficient amount to indemnify the government against any loss as a result
of corrective action it might take. A copy of the USACE approval letter, when issued, will be forwarded
to the DA/BA and the DEP/OLISP. If the project is permitted within town waters, the local shellfish
commission will also receive a copy of the approval letter.
Once the appropriate permit(s) or exemption letters from DEP and/or USACE are granted, the DA/BA
issues a Certificate for Aquaculture Operations (CAO) to the applicant. Written authorization from all
three agencies is required before aquaculture activities can commence or gear can be placed in the
water.
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Figure 2. Roadmap to the Review Process for the Joint Programmatic General Permit for Aquaculture
24
4.6 How to Complete the Application for a Joint Programmatic General Permit for
Aquaculture
This guidance is provided along with a copy of the Application for the Programmatic General Permit for
Aquaculture, located in Appendix B. The application can be completed online, printed and submitted to
the DA/BA, or may be obtained by calling the DA/BA at (203) 874‐0696.
Application Section 1. Applicant Information
This section is self‐explanatory and all fields should be completed. Mark any sections that do not apply
with a “N/A”. It is important to note whether this is a first time application, an amendment to an
existing application, or a replacement for an existing application. The applicant must provide his/her
signature on this page attesting to the truthfulness of the document.
Application Section 2. Project Description
A legal description of the site is required, thus an official lease/lot number must be provided, and the
project should be given a unique name that the DA/BA can refer to.
A description of all aspects of the proposed aquaculture project should be provided. The narrative
should describe the design and operation of the facility or site; identify type of cultivation and/or
harvesting structures, maintenance procedures including duration that structures remain on site, and
estimated yearly production.
Application Section 3. Source of Aquatic Organisms
This section addresses the importation of shellfish larvae, seed, and/or broodstock. All imported
shellfish must be certified as disease‐free, and an application for a Long‐term Transplant (Relay)
License, Short‐term Transplant (Relay) License or Scientific/Resource Assessment License must be
completed. Any individual who plans to import such organisms must have them tested by the State
shellfish pathologist or request authorization for importation from DA/BA. Testing must be completed
and a license granted prior to submitting the Application for a Joint Programmatic General Permit for
Aquaculture. For additional information, contact the DA/BA at (203) 874‐0696.
If testing has been completed and a license granted, the applicant must note the official license
number, date of the license, name of shellfish supplier, and the physical address of shellfish the
supplier.
Application Section 4. Project Permissions
This section identifies where the proposed project will take place and whether the applicant leases the
area or has permission from the leaseholder or marina owner to use the area. If the project is located
within a marina, the applicant must furnish documentation that the marina structure is permitted.
Supporting documentation could include permitted marine facility project plans, permit identification
number, authorizations, permits, etc. If the aquaculture structures are already in place, the applicant
must contact the USACE at (978) 318‐8338 and DEP/OLISP at (860) 424‐3917 to determine how to
proceed.
If the work is to be conducted in a land‐based hatchery, and includes diversion of water to and/or
discharge from the hatchery, the applicant should contact the DEP Bureau of Waste Management and
Compliance Assurance Permitting Division at (860) 424‐3018 to determine if water diversion and/or
discharge permits are required.
25
Application Section 5. Hatchery Description
This section must be completed if the applicant is proposing the diversion, intake or discharge of water
for operation of a hatchery. Include the source and approximate volume of the diverted or intake
water, as well as the diameter and length of intake pipe. The physical location of the intake pipe
(latitude, longitude) and datum used should be noted. If anything else will be added to the water
besides the aquaculture organisms, it should be listed. Include the location to receive the discharge and
approximate volume, as will as the diameter and length of discharge pipe. The physical location of the
discharge pipe (latitude, longitude) and datum used should be noted. The frequency of discharge and
the nature and type of materials should be described. If the wastewater (effluent) will be treated prior
to its discharge, the treatment protocol must be described in detail.
Also, if this component of the project will include either temporary or permanent discharge of fill
material (e.g. dredged spoil, riprap, concrete support structures, backfill etc.) below the high tide line,
the applicant should identify the type of material (e.g. rock, sand, clay, concrete, etc.), the surface area
of waters to be filled (square feet or acres), the means by which the discharge will take place (e.g.
backhoe etc.) and explain the specific purpose of the placement of the material (erosion control,
backfill, structural stability etc.).
Application Section 6. Site and Gear Specifics
The applicant must complete this section if the proposed project involves the use of aquaculture
structures (cultivation gear) and/or predator netting, to be placed in tidal, coastal, and/or navigable
waters. This section must be replicated for each separate location (i.e. one for each different town
and/or lease site).
The applicant should describe as clearly as possible any recreational and commercial uses of the
proposed aquaculture area, volume, duration of activity (e.g. seasonal, year‐round), and direction of
traffic of activity in the immediate project area. Identify surrounding area uses such as presence of
public boat ramp or recreational access sites, abutting riparian properties if located within 1000 feet of
the proposed gear area and designated Federal navigation channels, turning basins, or anchorages
within 200 feet of the lease boundary( 4 ).
The applicant must identify special habitat or species of concern that may be present at the site such as
intertidal vegetation (e.g. marsh grass, wetlands), submerged aquatic vegetation (e.g. eelgrass), and/or
State/federal listed species (e.g. piping plover, bald eagle, etc.).
Application Section 7. Project Figures
The completed application must include the following figures:
• Site Location Map
• Project Overview
• Gear Description
4
In the case where the proposed aquaculture gear is a fixed or floating structure and it is proposed within two hundred feet (200') of a Federal
Navigation Project (FNP) the applicant will be required to determine and show the state plane coordinates for the extreme lateral limits of his
project, and the point of closest approach of any structure to the FNP. Structures which may cause an intrusion into FNP’s will typically not be
permitted. Examples of intrusions are permanently moored vessels, fish harvesting devices, etc.
26
If the proposed project involves multiple locations (i.e. different towns and/or lease sites), the applicant
must photocopy this section and complete for each location. See application package for sample
application figures.
Once the application is completed it must be signed and submitted to the DA/BA. Incomplete
applications will be returned to the applicant.
4.7 Shellfish Sanitation
DA/BA must conform to the U.S. Food and Drug Administration/Interstate Shellfish Sanitation
Conference (FDA/ISSC) mandates of the National Shellfish Sanitation Program Model Ordinance
(NSSP‐MO) in order to assure safe shellfishing areas for commercial and recreational harvesting,
protection of public health, and to maintain its interstate standing and comply with Connecticut
General Statutes Section 26‐192. The NSSP‐MO describes the minimum requirements for classification
of shellfishing areas, proper harvesting, handling, labeling, storing, transporting of shellfish, and
associated record keeping. Historically, the NSSP was developed cooperatively in 1925 by the states,
the U.S. Public Health Services (now the FDA) and the shellfish industry in response to major shellfish
related food‐borne outbreaks. In 1983, the ISSC was formed to update the NSSP and address shellfish
sanitation issues.
The ISSC is composed of coastal and inland state regulators, with representation by FDA and the
shellfish industry. The ISSC developed the current NSSP Model Ordinance. The FDA, through a
Memorandum of Understanding with the ISSC, must evaluate each state's shellfish program for
compliance with the NSSP‐MO. The FDA also standardizes state inspectors to examine the sanitary
handling, shipping and record keeping of commercial market shellfish operations. Those operations
found to be in conformance with the NSSP‐MO are licensed in good standing by DA/BA and a listing of
those operations is forwarded to the FDA for inclusion in the Interstate Certified Shellfish Shippers List
(select Program Area entitled “seafood”). Those states not in compliance are subject to having their
commercial shellfish dealers removed from the FDA "List." Removal from the "List" results in a halt to
all sales and shipment of shellfish from those licensees. Such action could be economically devastating
to a state's shellfish industry.
The DA/BA performs coastal sanitary surveys along Connecticut's 250‐mile shoreline and monitors
shellfish growing areas in Long Island Sound for the protection of public health. Seawater samples are
collected at numerous routine monitoring locations along the coastline and tested for fecal coliform
bacteria. Fecal coliforms are an indicator group of bacteria that, when found at certain levels, suggest
bacterial or viral contamination of the waters. Shoreline surveys are conducted to assess and correct
sources of pollution. The DA/BA examines plankton tows and shellfish meats as necessary to evaluate
the potential for marine biotoxins that can be formed by certain types of phytoplankton. The Bureau
also posts signs in areas closed to shellfishing, performs hydrographic dye dilution studies, performs
environmental investigations, prepares memorandums of understanding for conditional shellfishing
areas, and reviews applications for shellfish harvest operations and initiates emergency closures.
4.8 Hazard Analysis and Critical Control Points (HACCP) Training
As part of this Shellfish Sanitation program, the DA/BA is responsible for the inspection and licensing of
shellfish dealers involved in harvesting, shucking, depuration, repacking and reshipping of fresh and
frozen oysters, clams, mussels and scallops, if whole or roe‐on.
27
All shellfish dealers, including commercial harvesters, must take Hazard Analysis and Critical Control
Point (HACCP) training and develop a HACCP plan conforming to the FDA's Seafood Regulations. All
shellfish processing and handling operations are inspected at least twice per year as required by FDA.
Harvesting boats, vehicles, facilities, equipment, product handling procedures and record keeping are
checked for compliance. Operational licenses are reviewed and appropriate corrective actions are
taken. The DA/BA assists other state, municipal and federal health officials in investigating food borne
illnesses, product recalls and embargos. To learn more about the HACCP program, or to enroll in a
course, contact the Connecticut Sea Grant Extension Program at (860) 405‐9127.
5 PERMITS FOR RESEARCH, EDUCATION AND RESTORATION
Various permits are required for research and education projects, depending on the nature and location
of the project, source of aquatic organisms, and type of gear, if any, to be used. Detailed instructions on
the permits required for research and education activity is available in Guidelines for Utilizing Aquatic
Organisms for Scientific/Educational Use (Carey et. al 2008). The following is a summary of the major
activities and the required permits associated with research, education and restoration.
5.1 Transport/Importation of Shellfish
A license is required any time shellfish, broodstock, larvae or seed are transported within, or imported
into, the State of Connecticut. The applicant must submit an Application for a Scientific/Resource
Assessment license. There is no application fee or charge for the license. Call the DA/BA at (203) 874‐
0696 for additional information.
In addition, the importat ion of larvae, seed, broodstock or adult shellfish from a hatchery/supplier
outside of Connecticut requires approval by the state shellfish pathologist. Health cert ificates
provided by other pathology laboratories may be acceptable, but not without approval of Connecticut’s
state shellfish pathologist. Please contact Dr. Inke Sunila at DA/BA (203) 874‐0696, isunila@snet.net
prior to importation activity to prevent shellfish diseases from entering into the State. Pathology
testing may be done free of charge.
5.2 Collection of Shellfish for Scientific Investigation
For the periodic collection of specimens from waters within the State of Connecticut, more than one
type of license may be required. The type of license issued will be determined based on the proposed
project. Please contact the DA/BA to obtain the correct license application at (203) 874‐0696.
5.3 Handling Shellfish After Laboratory Use
Shellfish that are transported/imported or collected for laboratory studies must be destroyed once the
experiment is completed. The State does not allow release to the natural environment. The
maintenance and possible quarantine of imported species and treatment of tank water and disposal of
animals once the experiment is completed must be explained in detail in the Applicat ion for a
Scient ific/Resource Assessment license. Quest ions regarding handling options for shellfish should be
directed to the DA/BA at (203) 874‐0696.
5.4 Collection of Fish, Crustaceans and Other Aquatic Organisms
To collect fish, crustaceans, and/or other aquatic organisms (other than molluscan shellfish), the
applicant must complete an Application for a Scient ific Collector Permit from the Connecticut
Department of Environmental Protect ion. For additional information contact Bill Gerrish, DEP Inland
Fisheries, at (860) 424‐3474.
28
5.5 Use of Aquaculture Structures
There is currently no experimental or research permit for aquaculture structures. All aquaculture
structures, whether for research or educational purposes, must be permitted through the Applicat ion
for a Joint Programmatic General Permit for Aquaculture. See a detailed description of the permitting
process and instructions for complet ing the application in Sections 4.5 ‐4.6.
5.6 Permitting Research and Education Facilities
Any facility designed to contain or utilize aquatic organisms for research or education purposes, or
divert and/or discharge effluent from tanks containing aquatic organisms must be permitted by the
State of Connecticut. Contact the State Aquaculture Coordinator at the DA/BA office at (203) 874‐0696
for specific instructions.
5.7 Enhancement and Restoration Projects
Individuals or municipalities seeking to conduct shellfish habitat restoration or shellfish stock
enhancement projects should consult with the DA/BA before initiating work or developing proposals for
grant funds. Permits may be required depending on the location of the project and the type of gear, if
any, to be used.
For information on developing shellfish restoration projects, refer to the following link for The Nature
Conservancy’s Practitioner's Guide to the Design and Monitoring of Shellfish Restoration Projects.
6 REFERENCES
Barber, J.W. 1836. Connecticut Historical Collections. 2nd ed. Durrie & Peck and J.W. Barber, New
Haven, CT. 560pp.
Bellantoni, N.F. & C. Harty. 2001. The eastern oyster: changing uses from an archeological perspective.
CRM No. 4. Pp:29‐30.
Carey, D.C., Kelly, S. & T.S. Getchis. 2008. Guidelines for utilizing aquatic organisms for
scientific/educational use. Connecticut Sea Grant College Program. CTSG‐08‐10. 2pp.
Galpin, V.M. 1989. New Haven’s Oyster Industry 1638‐1987. The New Haven Colony Historical Society.
78pp.
Getchis, T.S. 2005. An assessment of Connecticut’s shellfish aquaculture industry. Connecticut Sea
Grant. CTSG‐05‐02. 12pp.
Getchis, T.S. 2008. A guide to shellfishing along the coast of Connecticut. Connecticut Sea Grant
College Program. Aquaculture and Fisheries Fact Sheet Series. CTSG‐04‐06R. 6pp.
Ingersoll, E. 1881. The history and present condition of the fishery industries: The oyster‐industry. U.S.
Census Bureau. Tenth Census of the United States. Government Printing Office, Washington, D.C.
Kotchiss, J.M. 1974. Oystering from New York to Boston. Wesleyan Press, Middletown, CT.
McCarthy, K.E. 2001. Aquaculture in Connecticut. OLR Research Report.
http://www.cga.ct.gov/2001/rpt/olr/htm/2001‐r‐0715.htm. Last accessed 10/1/02.
National Marine Fisheries Service, Habitat Conservation Division. 1991. Seagrass Survey Guidelines for
New Jersey. Prepared for the New Jersey Interagency Seagrass Policy Committee.
Pomeroy, R.S. 2003. Decision‐making factors for investment in aquaculture. Connecticut Sea Grant.
Fisheries and Aquaculture Fact Sheet Series. CTSG‐03‐13. 4pp.
Trapp, J.E. & R.B. Brockett. 1999. Oystering in Milford. Christopher J. Carroll, Milford, CT. 23pp.
29
7 ACKNOWLEDGEMENTS
The publication was a collaborative effort between the Connecticut Sea Grant Extension Program and
local, state and federal resource management agencies including Connecticut’s municipal Shellfish
Commissions, Connecticut Department of Agriculture, Bureau of Aquaculture, Connecticut
Department of Environmental Protection, U.S. Army Corps of Engineers and the NOAA National
Marine Fisheries Service, Milford Laboratory. We are especially grateful to Mark Errico, Nancy Follini,
James Salce, Lawrence Williams, and the late John Volk for providing historical information on the
aquaculture industry. Special thanks to Margaret Van Patten who provided careful editorial review of
this document.
30
APPENDIX A. Contact Information for Permitting and Outreach Agencies
31
Contact Information for Permitting and Outreach Agencies
David Carey Connecticut Department of Agriculture, Bureau of Aquaculture
(State Aquaculture P.O. Box 97, Milford, CT 06460
Coordinator) (203) 874‐0696 / fax (203) 783‐9976
Email: davcarey@snet.net
Website: http://www.ct.gov/doag/site/default.asp, select “aquaculture”
Shannon Kelly Connecticut Department of Agriculture, Bureau of Aquaculture
P.O. Box 97, Milford, CT 06460
(203) 874‐0696 / fax (203) 783‐9976
Email: shannonkelly@snet.net
Website: http://www.ct.gov/doag/site/default.asp, select “aquaculture”
Cori M. Rose US Army Corps of Engineers, Regulatory Division
696 Virginia Road, Concord, MA 01742
(978) 318‐8306 / fax (978) 318‐8303
Email: cori.m.rose@usace.army.mil
Kristen Bellantuono Connecticut Department of Environmental Protection
Bureau of Water Protection & Land Reuse
Office of Long Island Sound Programs
79 Elm Street, Hartford, CT 06106‐5127
(860) 424‐3917 / fax (860) 424‐4054
Email: kristen.bellantuono@ct.gov
R. Michael Payton Connecticut Department of Environmental Protection
Navigation Safety/Boating Access Unit
P.O. Box 280, Old Lyme, CT 06371
(860) 434‐8638 / fax (860) 434‐3501
Email: mike.payton@ct.gov
Donald Gonyea Connecticut Department of Environmental Protection
Water Permitting and Enforcement
Bureau of Materials Management and Compliance Assurance
79 Elm Street, Hartford, CT 06106‐5127
(860) 424‐3018 / fax (860) 424‐4074
Email: donald.gonyea@ct.gov
Getting Started in Aquaculture?
Tessa Getchis Connecticut Sea Grant & UConn Cooperative Extension
University of Connecticut, Avery Point Campus
1080 Shennecossett Road, Groton, CT 06340‐6048
(860) 405‐9104 / fax (860) 405‐9109
Email: tessa.getchis@uconn.edu
32
APPENDIX B. Application for a Joint Programmatic General Permit for
Aquaculture
33
State of Connecticut
Application for Joint Programmatic General Permit for Aquaculture
Department of the Army General Permit
This is an application for the Joint Programmatic General Permit (PGP) for Aquaculture in the State of
Connecticut. Applicants are encouraged to review A Guide to Permitting Marine Aquaculture Operations to
obtain a more complete understanding of the marine aquaculture permitting process and the associated
requirements for applicants. Completed applications will undergo review by the State of Connecticut
Department of Agriculture, Bureau of Aquaculture (DA/BA), the U.S. Army Corps of Engineers New England
District (USACE), and Connecticut Department of Environmental Protection (DEP).
Other permits, in addition to the PGP, may be required. After the initial review process, applicants will be
notified in writing of further requirements or information (if any) within 45 days. In brief, DEP Office of Long
Island Sound Programs (DEP/OLISP) sends the applicant a letter stating that the project is either exempt from
DEP/OLISP permits or that an application for a Structures, Dredging & Fill and Tidal Wetlands Permit, select
application form for “Programs Administered by OLISP” or Certificate of Permission is required. DEP/OLISP
also indicates that the applicant may be required to obtain a Permit for Regulatory Markers and states that the
applicant must contact the DEP Navigation Safety/Boating Access Unit to determine such. DEP/OLISP does not
make this determination. USACE sends applicant a Programmatic General Permit (with or without conditions)
or an Individual Permit.
Once the appropriate permit(s) or exemption letters from DEP and USACE are granted, the DA/BA issues a
Certificate for Aquaculture Operations to the applicant. Written authorization from all three agencies is
required before aquaculture activities can commence or gear can be placed in the water.
There is no fee associated with this application.
Directions: Please read all instructions before completing. Applications and all associated figures must be
legible. Incomplete or illegible forms will be returned to the applicant. Please provide one completed copy of
this application and the associated figures to the DA/BA at the address listed below. The applicant will be
notified upon receipt AND when the application has been reviewed and accepted as complete by the DA/BA.
Connecticut Department of Agriculture
Bureau of Aquaculture
P.O. Box 97
Milford, CT 06460
(203) 874‐0696
State of Connecticut
Application for Joint Programmatic General Permit for Aquaculture
Department of the Army General Permit
Section 1. APPLICANT INFORMATION
Business Name / Organization: Home Number:
Contact Person: Business Number:
Mailing Address: Cell Number:
City: State: Zip: Fax Number:
Email Address:
Species (check appropriate):
Eastern oyster Northern quahog Soft‐shell clam Bay scallop
Other (please specify):
Project Type (check appropriate)
Commercial Research Educational Habitat restoration
Stock enhancement
Proposed Start Date: Proposed End Date (if applicable):
First time application Amendment Replacement
DA/BA = Department of Agriculture, Bureau of Aquaculture DEP = Department of Environmental Protection
By signing this document, I attest that the statements made herein regarding my operation, legal property, production
facilities and products are accurate and truthful. I understand that I may be required to obtain other State and federal
permits in addition to the Programmatic General Permit authorization. This Department of Army authorization is not valid
until all other local, state and federal permits are approved.
Applicant Signature Date
_____________________________________________ __________________________
For Office Use Only
Date Received: Status: □ Complete □ Incomplete
NAE File No: State of CT File Number:
Section 2. PROJECT DESCRIPTION
1. Legal description of proposed project site (if applicable)
Lease/Lot Number:
City:
County:
2. Name of Proposed Project:
3. General Description of Proposed Aquaculture Project:
(Include type of gear to be used; number of gear units; gear maintenance plan; anticipated yearly production)
Section 3. SOURCE OF AQUATIC ORGANISMS
1. Will the proposed project include importation of larvae, seed, and/or broodstock? YES NO
► If no, proceed to Section #4
2. Have you obtained a license or permit for importation? YES NO
► If no, stop and contact at DA/BA at (203) 874‐0696 (shellfish) or DEP Inland Fisheries at (860) 424‐3474 (finfish)
3. License/Permit Number:
License/Permit Granting Agency:
Date on License/Permit:
4. Company name of supplier of eggs/larvae/seed:
Contact person:
Location of supplier (Town, State, Zip):
Section 4. PROJECT PERMISSIONS
1. Will the proposed project include cultivation of shellfish in tidal, coastal or navigable waters? YES NO
► If no, proceed to Question #5
2. Will the project be located within a designated State or town shellfish lease or franchise? YES NO
3. Do you hold the rights to the lease(s) that encompass the proposed project site? YES NO
► If no, proceed to Question #4
► If yes, proceed to Question #5
4. Do you have a letter of permission from the leaseholder? YES NO
► If no, stop and contact DA/BA at (203) 874‐0696
► If yes, please submit letter of permission with this application
5. Will water be diverted to or discharged from a hatchery for the proposed project? YES NO
► If no, proceed to Question #8
► If yes, stop and contact DEP Bureau of Waste Management and Compliance Assurance Permitting Division
at (860) 424‐3018.
6. Will the diversion of water exceed 250,000 gallons per day? YES NO
7. Approximate volume to be diverted (gallons per day):
8. Will the proposed project be located in a marina or attached to a private docking facility? YES NO
► If no, proceed to Section #5
► If yes, please submit letter of permission with this application along with documentation that structure is permitted,
or is in the process of being permitted, in accordance with state and federal requirements (e.g., Certificate of
Permission, Structures, Dredging and Fill &Tidal Wetlands Permit, Section 10 Rivers & Harbors Act) or otherwise
provide documentation of approximate date of installation (e.g., land records, aerial photos).
9. Name of marina / docking facility:
Name of permit holder:
10. Describe gear location with respect to marina / docking facility (i.e. beneath, hanging from, or adjacent to):
11. Is any of the gear already in place? YES NO
► If yes, please contact the USACE at (978) 318‐8338. Note that an agreement will be necessary that states that in
exchange for the USACE acceptance of any after‐the‐fact permit application and/or any administrative appeal
associated with the unauthorized activity, the responsible party agrees that the statute of limitations will be
suspended (i.e., tolled)until one year after the final USACE decision on the after‐the‐fact permit application or, if
there is an administrative appeal, one year after the final USACE decision as defined at 33 CFR 331.10, whichever
date is later. The applicant must also call DEP/OLISP at (860) 424‐3917 to determine next steps.
Section 5. HATCHERY DESCRIPTION
*Complete this section if the proposed project includes the use of a land‐based hatchery.
1. Source of intake water (water body):
Approximate volume to be withdrawn (gallons per day):
2. Diameter of the intake pipe (inches):
Length of intake pipe waterward of high tide line (feet):
3. Latitude of intake pipe:
Longitude of intake pipe:
Datum:
4. Will anything be added to the water aside from the cultured organisms? YES NO
► If yes, please list additions:
5. Location to receive discharge (water body):
Approximate volume to be discharged (gallons per day):
6. Diameter of discharge pipe (inches):
Length of discharge pipe waterward of high tide line (feet):
7. Latitude of discharge pipe:
Longitude of discharge pipe:
Datum:
8. Describe the frequency of discharge: Continuous Intermittent
► If intermittent, please describe:
9. Describe nature and type of discharge:
10. Is the water being treated before discharge? YES NO
► If yes, please describe treatment protocol:
11. Does the proposed project include either temporary or permanent discharge YES NO
of material or placement of fill below the high tide line?
► If yes, contact USACE at (978) 318‐8306. A permit under Section 404 of the Clean Water Act will be required.
Proceed to Question #12.
► If no, proceed to Section #6.
12. Type of material to be discharged or used for fill:
Total surface area of waters to be filled (square feet or acres):
Describe the means by which the discharge will take place (e.g. backhoe, etc.):
Explain the specific purpose of the placement of the material (e.g. erosion control, backfill, structural stability etc.):
Section 6. SITE AND GEAR SPECIFICS
*Complete this section if your project involves the use of aquaculture cultivation gear and/or predator netting and will be
placed in tidal, coastal or navigable waters.
1. Does the proposed project involve multiple locations (i.e., different towns and/or lease sites)? YES NO
► If yes, print a copy of this section and complete for each additional site.
2. Is the proposed project area exposed to high water velocities or strong tidal currents?
YES NO UNSURE
3. Is the proposed project area located in a sediment erosion or deposition area?
YES NO UNSURE
4. Is, or was there historically, submerged aquatic vegetation within the proposed project area?
YES NO UNSURE
► If yes, please specify type of vegetation (e.g. eelgrass, widgeon grass)
5. Describe the bottom characteristics of proposed project area (check all that apply)
sand mud bedrock cobble shell hash
silt clay shellfish rockweed other algae
6. List any known commercial or recreational activity within the perimeter of the proposed project area:
7. Will the proposed project include the use of bottom gear?
► If yes, proceed to Question #8
► If no, proceed to Question #12
8. Type of gear unit (check one only)
► Complete Questions #8‐11 for up to two gear types (noted as A,B).
GEAR A: Cage Rack / Bag Predator net Other (please list):
GEAR B: Cage Rack / Bag Predator net Other (please list):
9. Is this unit:
GEAR A: Individually buoyed Part of trawl line Set using rebar, pins
Other (please describe):
GEAR B: Individually buoyed Part of trawl line Set using rebar, pins
Other (please describe):
10. GEAR A: If units are individually buoyed, provide number of units:
GEAR B: If units are individually buoyed, provide number of units:
11. GEAR A: If units are part of trawl line, please provide:
Number of trawl lines: Number of units per trawl:
Length of trawl line (feet): Total number of units:
GEAR B: If units are part of trawl line, please provide:
Number of trawl lines: Number of units per trawl:
Length of trawl line (feet): Total number of units:
12. Will the proposed project include the use of surface or subsurface (i.e. water column) gear?
► If yes, proceed to Question #13
► If not, proceed to Section #7
13. Type of gear unit (check one only):
► Complete Questions #13‐16 for up to two gear types (noted as A,B).
GEAR A: mesh bag Pearl net Lantern net Tiered trays Raft Upweller
mussel sock Other (please list):
GEAR B: mesh bag Pearl net Lantern net Tiered trays Raft Upweller
mussel sock Other (please list):
14. Is the unit:
GEAR A: Individually buoyed Suspended from longline Berthed to structure
Attached to mooring Held in place using anchors
Other (please describe):
GEAR B: Individually buoyed Suspended from longline Berthed to structure
Attached to mooring Held in place using anchors
Other (please describe):
15. GEAR A: If units are individually buoyed, provide number of units:
GEAR B: If units are individually buoyed, provide number of units:
16. GEAR A: If units are part of grouped, please provide:
Number of groups: Number of units per group:
Length of groups (feet): Total number of units:
GEAR B: If units are part of grouped, please provide:
Number of groups: Number of units per group:
Length of groups (feet): Total number of units:
Section 7. PROJECT FIGURES WITH CHECKLISTS
If the proposed project involves multiple locations (i.e. different towns and/or lease sites), the applicant must photocopy
(or print multiple copies of) this section and complete for each location. The application must include the following figures:
1. Site Location Map
2. Project Overview (Birds‐eye View)
3. Gear Description (Cross‐sectional View)
Each figure must include the following legend:
Business Name / Organization
Town / State
Waterbody
State/Town Lease ID
Today’s Date
Page Number
Examples are provided at the end of this application for your reference. Please note that these examples do not represent
actual aquaculture projects and are not to scale, nor do they represent suggested physical locations, gear types or
configurations to be used in any application.
SITE LOCATION MAP
Please use 8 ½” x 11” paper and allow for a ¾” margin at the top
Label page “FIGURE 1” and include the following information, as discussed below, on a NOAA navigational chart:
Draw lease perimeter (if applicable) with latitude/longitude coordinates and lease area size (acres)
Identify datum
Proposed gear perimeter with latitude/longitude coordinates and gear area size (acres)
Mark location and distance to federal channel(s), if within 1000 feet of the proposed gear perimeter
Mark location and distance to closest landmark, if within 1000 feet of the proposed gear perimeter
Directional arrow for true North
Provide a scale on map
PROJECT OVERVIEW (BIRDS‐EYE VIEW)
Please use 8 ½” x 11” paper and allow for a ¾” margin at the top
Label page “FIGURE 2” and include the following information, as discussed below, on a blank piece of paper:
Draw and label the perimeter of the gear area
Draw and label the individual gear types within the perimeter of the gear area
Mark distance between gear types, as well as individual trawl lines, long lines or other system for attachment
Mark location and distance from gear perimeter to the following (if applicable):
Mooring field
Submerged aquatic vegetation (e.g. eelgrass, widgeon grass)
Tidal wetlands
In‐water structures (e.g. boat ramp, marina, fixed pier)
Intertidal flat
Sandbar/shoal
GEAR DESCRIPTION (CROSS‐SECTIONAL VIEW)
Please use 8 ½” x 11” paper and allow for a ¾” margin at the top
Label this page “FIGURE 3” and include the following information, as discussed below, on a blank piece of paper:
Draw and label the dimensions of the individual gear unit
Indicate distance between individual gear units, and if applicable, types
Label placement of the gear in the water column in relation to Mean High Water and Mean Lower Low Water
If hanging gear, indicate the distance from the bottom of the gear to the sea floor
Draw and label the dimensions of the anchoring configuration
Draw and label the dimensions of the marker buoy configuration
If the proposed project includes use of multiple gear types, a figure should be created for each gear type. Use
the numbering convention, “FIGURE 3(a), 3(b), 3(c)…”
‐ EXAMPLE ‐
‐ EXAMPLE ‐
‐ EXAMPLE ‐
‐ EXAMPLE ‐
‐ EXAMPLE ‐
PERMITTING and OUTREACH AGENCY CONTACTS
David Carey Connecticut Department of Agriculture, Bureau of Aquaculture
(State Aquaculture P.O. Box 97, Milford, CT 06460
Coordinator) (203) 874‐0696 / fax (203) 783‐9976
Email: davcarey@snet.net
http://www.ct.gov/doag/site/default.asp, select “aquaculture”
Shannon Kelly Connecticut Department of Agriculture, Bureau of Aquaculture
P.O. Box 97, Milford, CT 06460
(203) 874‐0696 / fax (203) 783‐9976
Email: shannonkelly@snet.net
http://www.ct.gov/doag/site/default.asp, select “aquaculture”
Cori Rose US Army Corps of Engineers, Regulatory Division
696 Virginia Road, Concord, MA 01742
(978) 318‐8306 / fax (978) 318‐8303
Email: cori.m.rose@usace.army.mil
Kristen Bellantuono Connecticut Department of Environmental Protection
Bureau of Water Protection and Land Reuse
Office of Long Island Sound Programs (OLISP)
79 Elm Street, Hartford, CT 06106‐5127
(860) 424‐3917 / fax (860) 424‐4054
Email: kristen.bellantuono@ct.gov
R. Michael Payton Connecticut Department of Environmental Protection
Navigation Safety/Boating Access Unit
P.O. Box 280, Old Lyme, CT 06371
(860) 434‐8638 / fax (860) 434‐3501
Email: mike.payton@ct.gov
Donald Gonyea Connecticut Department of Environmental Protection
Water Permitting and Enforcement
Bureau of Materials Management and Compliance Assurance
79 Elm Street, Hartford, CT 06106‐5127
(860) 424‐3018 / fax (860) 424‐4074
Email: donald.gonyea@ct.gov
Getting Started in Aquaculture?
Tessa Getchis Connecticut Sea Grant & UConn Cooperative Extension
University of Connecticut, Avery Point Campus
1080 Shennecossett Road, Groton, CT 06340‐6048
(860) 405‐9104 / fax (860) 405‐9109
Email: tessa.getchis@uconn.edu
APPENDIX C. Various Licenses and Permits Associated with Aquaculture
49
Various Licenses and Permits Associated with Aquaculture
Agency Application Fee
DA/BA Shellstock Shipper I License (Shellfishing ‐ Private Lot/Leases) none
DA/BA Shellstock Shipper II License (Shellfishing ‐ Public Areas) none
DA/BA Shellstock Shipper III License (Reshipper, Repacker, ShuckerPacker) none
DA/BA Short Term Shellfish Transplant (Relay) License 1‐A none
DA/BA Long Term Seed Oyster Transplant (Relay) License 1‐B for Prohibited and none
Conditionally Restricted‐Relay (Closed) Areas
DA/BA Long Term Seed Clam Transplant (Relay) License II‐B for Prohibited and none
Conditionally Restricted‐Relay (Closed) Areas 5
DA/BA Town Recreational Relay (Transplant) License none
DA/BA Reopen Town Relay Area(s) for Recreational Shellfishing none
DA/BA Scientific/Resource Assessment License none
DA/BA Shellfish Depuration License none
DA/BA Provisional Shellfish Depuration License none
DEP Application for Authorization to Place Regulatory Markers none
DEP Structures, Dredging and Fill & Tidal Wetlands Permit Application 6 $525
(min.)
DEP Request for Authorization under the General Permit for Diversion of Water for varies
Consumptive Use
DEP Coastal Management Consistency Review Form for Federal Activities none
DEP Import / Export Non‐native species none
DEP Certificate of Permission (COP) Application $400
Joint Application for Joint Programmatic General Permit for Aquaculture none
5
To obtain this application, contact the DA/BA at (203) 874‐0696
6
To download the SDF & TW application, select application for “Programs Administered by OLISP”
50
APPENDIX D. State Shellfisheries Statutes
51
State Shellfisheries Statutes
‐Table of Contents‐
Secs. 26‐187 to Commissioners; appointment; report. Compensation of shellfish commissioners.
26‐191. Office; clerk; expenses. Engineer; employment. Use of shellfisheries boat.
Sec. 26‐192. Exclusive jurisdiction of state.
Sec. 26‐192a. Lead agency.
Sec. 26‐192b. Standards for shellfish testing.
Sec. 26‐192c. Inspection and regulations concerning shellfish. License. (Formerly Sec. 19a‐96)
Sec. 26‐192d. Appeals from orders, suspension or revocation of a license. (Formerly Sec. 19a‐97)
Sec. 26‐192e. Classification of coastal waters, shores and tidal flats for the taking of shellfish.
(Formerly Sec. 19a‐98)
Sec. 26‐192f. Penalties. (Formerly Sec. 19a‐99)
Sec. 26‐192g. Enforcement. (Formerly Sec. 19a‐100)
Sec. 26‐192h. License for the taking of shellfish from closed areas for certain purposes. (Formerly
Sec. 19a‐101)
Sec. 26‐192i. Shellfish; definition. (Formerly Sec. 19a‐95)
Sec. 26‐192j. Pollution which affects shellfish grounds. Liability to municipal shellfish
commission.
Sec. 26‐192k. Shellfish relay from restricted relay grounds. Tag identification information
(Rev. 2008) confidential. Code re harvest location.
Sec. 26‐193. Natural oyster beds: Map on file.
Sec. 26‐194. Leasing of shellfish grounds. Fee. Utility lines and public use structures. Shellfish
removal or relocation costs. Annual host payments for Long Island Sound
crossings. Deposits into expand and grow Connecticut agriculture account and
Environmental Quality Fund.
Sec. 26‐194a. Lease of a state shellfish bed to a municipality for recreational shellfishing. Fees.
Sec. 26‐195. State ground; determination of disputed boundaries.
Sec. 26‐196. Determination of disputed boundaries in other cases.
Sec. 26‐197. Commissioners' fees on hearings.
Sec. 26‐198. Fees for recording or copying.
Sec. 26‐199. Recording of transfers.
Sec. 26‐200. Survey and staking; maps; fee.
Sec. 26‐201. Release to the state.
Sec. 26‐202. Leasing beacon ground.
Sec. 26‐203. Buoying of certain natural beds.
Sec. 26‐204. Grant of right to plant or cultivate shellfish which interferes with established
fishing right void.
Sec. 26‐205. Wardens; appointment, duties and powers.
Sec. 26‐206. Shellfish police.
Sec. 26‐207. Taxation of shellfish grounds.
Sec. 26‐208. Laying of tax.
Sec. 26‐209. Appeal.
Sec. 26‐210. Collection of tax.
Sec. 26‐211. Taxes unpaid five years; reversion.
52
Sec. 26‐212. Licensing and numbering of shellfish vessels. Fee.
Sec. 26‐213. License to work on natural beds.
Sec. 26‐214. Nonresident oystermen. Foreign vessels prohibited.
Sec. 26‐215. Power dredges. Local shellfish commissions. Use of power dredges to restore
shellfish beds.
Sec. 26‐216. Penalty.
Sec. 26‐217. Use of chain bags on natural oyster beds.
Sec. 26‐218. License forfeited on conviction.
Sec. 26‐219. License to take conchs.
Sec. 26‐220. Shellfish spawning beds.
Secs. 26‐221 to Mud dumping. Notice of intended dumping on private oyster beds. Dumping
26‐223. inspectors.
Sec. 26‐224. Deposit of injurious substances in tidal waters or on oyster ground. Penalty.
Sec. 26‐224a. Depositing of shellfish in tidal waters. Regulations.
Sec. 26‐225. Stealing oysters.
Sec. 26‐226. Injury to enclosure.
(Rev. 2008)
Sec. 26‐227. Taking from designated but unmarked ground.
Sec. 26‐228. Taking shellfish between sunset and sunrise.
Sec. 26‐229. Injury to monuments.
Sec. 26‐230. Speculation in ground prohibited. Illegally staking ground.
Sec. 26‐231. Towing dredge prohibited.
Sec. 26‐232. Taking oysters from natural beds or the Housatonic or Saugatuck Rivers.
Sec. 26‐233. Taking oysters from Housatonic River.
Secs. 26‐233a Taking of oysters in Housatonic River other than by tongs. Greenwich Cove
and 26‐234. oysters.
Sec. 26‐234a. Daily limit on oysters.
Sec. 26‐234b. Taking of eastern oysters. Regulations.
Sec. 26‐235. Taking of clams. Recreational harvest limit. Penalties. Defacing or removal of sign.
Sec. 26‐236. Uncertified natural grounds.
Sec. 26‐237. Penalty.
Sec. 26‐237a. Deposit of cultch material on state shellfish beds.
Sec. 26‐237b. Shellfish Fund.
Sec. 26‐237c. License for the harvesting of oysters from state shellfish grounds.
Sec. 26‐237d. Municipal collection of sea water samples for shellfish harvest water classification.
(Rev. 2008)
Sec. 26‐237e. Sec. 26‐237e. Resource assessment permits.
(Rev. 2008)
Statutes
Secs. 26‐187 to 26‐191. Commissioners; appointment; report. Compensation of shellfish
commissioners. Office; clerk; expenses. Engineer; employment. Use of shellfisheries boat. Sections
26‐187 to 26‐191, inclusive, are repealed.
Sec. 26‐192. Exclusive jurisdiction of state. The state shall exercise jurisdiction and control over all
shellfisheries which are located in that area of the state described in section 3294 of the general
53
statutes, revision of 1918; and the Commissioner of Agriculture shall prepare a map of such area and
shall keep the same on file for public inspection in his office. All shellfisheries not within said area,
except as provided in section 26‐257, shall be within the jurisdiction and control of the towns in which
they are located. If a difference arises between any town and the commissioner as to the boundary line
between such town and said area, such town, by its selectmen, may bring its petition to the superior
court for the judicial district within which such town is situated, to determine such boundary line, and
said court, upon a reasonable notice to the parties, shall hear such petition and appoint a committee to
ascertain the facts in such case and report the same to said court, and said court shall thereupon make
such order as may be proper in the premises; the landmarks referred to herein and the locations thereof
being as the same existed and were known on April 26, 1882.
Sec. 26‐192a. Lead agency. The Department of Agriculture shall be the lead agency on shellfish in
Connecticut. The department: (1) Shall coordinate the activities of other state agencies with regard to
shellfish; (2) shall act as a liaison on shellfish matters between the state and municipalities, including
local shellfish commissions; (3) shall take steps necessary to ensure compliance with federal standards
for the shellfish sanitation program and compliance with the National Shellfish Sanitation Program
Model Ordinance, as amended from time to time; (4) may, in conjunction with the Department of
Public Health, enter into agreements with municipalities to utilize available municipal resources for
monitoring and testing; and (5) shall encourage depuration.
Sec. 26‐192b. Standards for shellfish testing. Notwithstanding the provisions of subsection (a) of
section 19a‐29a, the Department of Agriculture shall promulgate health standards for shellfish testing
and shall approve private laboratories to perform shellfish testing. Such health standards for shellfish
testing shall incorporate by reference the provisions of the National Shellfish Sanitation Program Model
Ordinance, as amended from time to time.
Sec. 26‐192c. (Formerly Sec. 19a‐96). Inspection and regulations concerning shellfish. License.
(a) The Department of Agriculture may inspect shellfish beds and areas in this state where shellfish are
grown or harvested, all boats, tools and appliances used in the production and preparation of shellfish
and all wharves or buildings where shellfish are stored, transferred, opened, packed or prepared for sale
or shipment. The Department of Agriculture may adopt regulations, in accordance with the provisions
of chapter 54, after consultation with the Department of Public Health, for the sanitary growth,
production, purification and preparation of shellfish. Such regulations shall incorporate by reference the
provisions of the National Shellfish Sanitation Program Model Ordinance, as amended from time to
time. Each commercial harvester, producer or shipper of shellfish shall obtain from said department a
license on which shall be stated information regarding the identification of the license holder and any
conditions pertaining to the character of such licensee's shellfish operations. Said department may
establish a fee for each type of shellfish license it issues. The department may require that shellfish
shipments be tagged or containers marked to identify the shipper by name and location and the source
of the shipment and furnish such other pertinent information as may apply. Any license granted under
the authority of this section may be revoked by said department for cause, after notification and
hearing. No person, firm or corporation shall make any shipments or deliveries of shellfish after the
license of such person, firm or corporation has been suspended or revoked. Any license may be
suspended pending revocation proceedings, or amended, if shellfishing operations or harvesting areas
are a public health hazard or if the licensee has violated any provision of this section, section 26‐192e,
26‐192f or 26‐192h or any applicable department regulation or any section of the Public Health Code
concerning shellfishing. The department may refuse to issue a license if the applicant has violated any
54
provision of this section, section 26‐192e, 26‐192f or 26‐192h or any applicable department regulation
or any section of the public health code concerning shellfish.
(b) The Department of Agriculture may delegate its licensing authority pursuant to this section and
sections 26‐192f and 26‐192h to other state agencies and to local agencies.
Sec. 26‐192d. (Formerly Sec. 19a‐97). Appeals from orders, suspension or revocation of a license.
Any person, firm or corporation aggrieved by any order, suspension or revocation of a license made
under the provisions of sections 26‐192c to 26‐192i, inclusive, may appeal therefrom in accordance with
section 4‐183, except venue for such appeal shall be in the judicial district in which the business or
residence of such person, firm or corporation is located.
Sec. 26‐192e. (Formerly Sec. 19a‐98). Classification of coastal waters, shores and tidal flats for the
taking of shellfish.
(a) The Department of Agriculture may prohibit the taking or harvesting of shellfish from designated
areas in tidal flats, shores and coastal waters whenever it finds by examinations or surveys that such
flats, shores or coastal waters are contaminated or polluted to the extent that the waters do not meet
standards of purity established by said department, in conjunction with the Department of Public
Health, or that shellfish obtained therefrom may be unfit for food or dangerous to the public health.
The Department of Agriculture shall classify the coastal waters, shores and tidal flats for the taking of
shellfish. The classifications shall be: Approved, conditional, restricted, conditionally restricted, and
prohibited. The conditional classification shall include conditional‐open and conditional‐closed. Any
person aggrieved by a classification decision pursuant to this section may appeal such decision in
accordance with the provisions of chapter 54. An area may be classified as prohibited for the taking or
harvesting of shellfish unless it conforms to the standards established by the department for
classifications other than prohibited. The department may specify the activities which may occur within
each classified area. Such activities shall be listed on a shellfish license issued by the department.
Waters and areas classified as approved or conditional‐open shall conform to standards of purity, shall
be free from discharge of sewage or other deleterious substances, and the shellfish obtained therefrom
shall not be so polluted or contaminated as to be dangerous to the public health. The Department of
Agriculture may delegate its authority for the classification of tidal flats, shores and coastal waters for
the taking of shellfish pursuant to this section to other state agencies and local agencies.
(b) The department shall, by written order, promulgate definite bounds of the area or areas closed to
shellfishing when classified as conditional‐closed, conditionally restricted, restricted or prohibited. Such
order shall become effective when (1) the closure classification is published in a newspaper having
circulation in towns, cities and boroughs in which or adjacent to which any such area is situated; (2) the
classification is filed in the offices of the clerk and the director of health in each such town, city or
borough, and (3) signs are posted at points on or near every such classified area.
(c) Notwithstanding the provisions of subsection (b) of this section, when the Commissioner of
Agriculture, after consultation with the Commissioner of Public Health, finds that tidal flats, shores or
coastal waters which may contain shellfish are so contaminated or polluted that a health emergency
exists, he may close such area for the duration of such emergency by giving notice of such emergency
closure (1) in writing to the municipal or district health authority, and (2) to the general public by
publication in a newspaper having general circulation in the town, city or borough within which such
area lies. Such notice shall state when the closing shall take effect.
55
(d) No person shall take or harvest shellfish from areas classified as conditional‐closed, restricted,
conditionally restricted or prohibited pursuant to subsections (a) and (b) of this section or closed
because of a health emergency pursuant to subsection (c) of this section or from areas or parts of areas
where shellfish have been transplanted or relayed except in accordance with the terms and conditions
of a license issued pursuant to section 26‐192c or section 26‐192h. The Department of Agriculture may
delegate its authority for the classification of coastal waters, shores, and tidal flats for the taking of
shellfish pursuant to this section to other state agencies and local agencies.
Sec. 26‐192f. (Formerly Sec. 19a‐99). Penalties. Any person, firm or corporation (1) harvesting or
taking shellfish from an area closed and posted by the Department of Agriculture against the removal
of shellfish, except as provided in section 26‐192h, or an area closed by commercial shellfish transplant
license issuance or by order of the local director of health with the approval of the department, (2)
misusing any shipping tag or license in violation of section 26‐192c, (3) mislabeling shellfish shipments
or deliveries with any false information, (4) failing to identify shellfish shipments or deliveries in
accordance with the National Shellfish Sanitation Program Model Ordinance, as amended from time to
time, (5) harvesting shellfish from undesignated grounds, or (6) harvesting shellfish from designated
grounds not listed on a license issued by the Department of Agriculture to such person, firm or
corporation shall be fined (A) one thousand dollars, or (B) three times the market value of any shellfish
taken, based on the quantity and type involved in the violation if such amount is greater than one
thousand dollars, or imprisoned not more than twelve months. The Commissioner of Agriculture may
revoke any license issued by said commissioner for up to sixty days for the second violation of this
section within six months and up to ninety days for a third violation of this section within nine months.
Any person who defaces or removes a sign posted by the Department of Agriculture in accordance with
the provisions of section 26‐192e shall be fined not more than five hundred dollars or imprisoned not
more than six months. The provisions of this section are in addition to and in no way derogate any other
enforcement provisions or penalties contained in any other section of the general statutes.
Sec. 26‐192g. (Formerly Sec. 19a‐100). Enforcement. The provisions of sections 26‐192e and 26‐192f
relating to the unauthorized taking of shellfish in contaminated and posted areas shall be enforced by
local directors of health. Local police departments and the state shellfish police shall assist to
effectively prevent the harvesting of shellfish in classified areas which are closed to shellfishing when
requested by a local director of health.
Sec. 26‐192h. (Formerly Sec. 19a‐101). License for the taking of shellfish from closed areas for
certain purposes. Shellfish may be taken by commercial harvesters from areas classified as
conditional‐closed, restricted, or conditionally restricted when they are removed for transplanting,
relay, including seed oyster harvesting, depuration or depletion from prohibited areas under licenses
issued by the Department of Agriculture and under supervision of the department and local health
agencies having jurisdiction, provided said licensee shall notify the designated local enforcement
agency of the intended commencement, probable duration and termination of harvesting within that
jurisdiction and shall be limited to quantities as may be established by a shellfish management plan
reviewed by the Department of Agriculture and adopted by the local shellfish commission or other local
agency having jurisdiction over the shellfish. The issuance of licenses by the Department of Agriculture
shall not prohibit any town, city or borough from control of harvesting operations in approved areas or
conditionally or temporarily closed areas on the basis of residence, quantity or size of shellfish
harvested from specific areas, or time of harvesting, or nullify any state law controlling such operations
on the basis of residence, quantity or size of shellfish harvested, or time of harvesting.
56
Sec. 26‐192i. (Formerly Sec. 19a‐95). Shellfish; definition. When used in sections 26‐192c to 26‐192h,
inclusive, the term "shellfish" means mussels, oysters, all varieties of clams and whole and roe‐on
scallops, but does not include scallops if the final product is the shucked adductor muscle only.
Sec. 26‐192j. Pollution which affects shellfish grounds. Liability to municipal shellfish commission.
(a) The Commissioner of Agriculture may investigate any suspected or actual spill, as defined in section
22a‐452c, which may threaten any shellfish grounds. The commissioner may monitor any such
suspected or actual spill and may provide for any testing to determine the extent of any impact of such
a spill on shellfish in the area. The person responsible for such spill shall be liable, in accordance with the
provisions of section 22a‐6a, for the reasonable costs and expenses of the commissioner incurred
pursuant to this section.
(b) Upon written complaint by the Commissioner of Agriculture that there exists an impairment or
threat to the marketability of shellfish due to any such spill, the Commissioner of Environmental
Protection shall investigate or order the person who caused or reasonably may be expected to cause
such spill to investigate all points of existing or potential spills which may directly or indirectly result in
contamination of shellfish and may order such person to abate such spill in accordance with the
provisions of section 22a‐432.
(c) If any such spill results in the closure of a recreational shellfish bed or harvesting area, the person
responsible for such spill, as determined by the Commissioner of Environmental Protection, shall be
liable to any municipal shellfish commission which has jurisdiction over such bed or area for any loss of
revenue attributable to fees which would have been paid to such commission by recreational users of
such bed or area. The Attorney General, upon complaint of the commission, may institute a civil action
to recover such revenue. Any amount recovered shall be returned to the commission.
Sec. 26‐192k. Shellfish relay from restricted relay grounds. Tag identification information
confidential. Code re harvest location. (a) The Department of Agriculture shall allow the relay of
shellfish from shellfish grounds classified as restricted relay to other grounds in accordance with the
National Shellfish Sanitation Program Model Ordinance, as amended from time to time, regarding
restricted shellfish relay. The department shall allow the harvest of shellfish from shellfish grounds
classified as approved for market on the same day using the same vessel, provided the harvester first
harvests the approved market product and lands the product to shore. A harvester shall not begin the
relay of shellfish from shellfish grounds classified as restricted relay until all shellfish harvested first
from approved market grounds, in market quantities, have been removed from the vessel. Such
harvester shall not begin such relay until after the harvester has notified the Department of
Environmental Protection of such relay. The harvester shall provide all information required by the
Department of Agriculture regarding shellfish relays to the Department of Environmental Protection at
the time of such notification. For the remainder of the day, the harvester shall not harvest approved
market shellfish after beginning such relay.
(b) All tag identification information regarding shellfish harvest locations shall be confidential, provided
the harvester of the shellfish marks the tag with a unique code corresponding to the shellfish harvest
location. The Department of Agriculture shall provide such harvester and the Department of
Environmental Protection with a written code key detailing the harvest location and corresponding
code to be used by the harvester.
57
Sec. 26‐193. Natural oyster beds: Map on file. The locations and descriptions of the natural oyster
beds respectively under state jurisdiction shall remain as established and as set forth in section 3295 of
the general statutes, revision of 1918 with the addition of those portions of former franchise lots one
and nineteen consisting of eighty‐four acres, more or less, and more particularly described as follows:
Beginning at the intersection of the Milford‐Stratford town line and the state jurisdiction line, thence
thirty‐eight degrees east north east to the outer breakwater, thence along the outer breakwater, three
hundred and ten degrees north north west to the southern boundary line of the existing natural bed, as
described in section 3295 of the general statutes, revision of 1918, thence two hundred and ten degrees
westerly along said boundary line to the Milford‐Stratford town line, thence south to the point of origin.
The Commissioner of Agriculture shall keep a map of such oyster beds on file for public inspection in his
office.
Sec. 26‐194. Leasing of shellfish grounds. Fee. Utility lines and public use structures. Shellfish
removal or relocation costs. Annual host payments for Long Island Sound crossings. Deposits into
expand and grow Connecticut agriculture account and Environmental Quality Fund.
(a) The Commissioner of Agriculture may lease in the name of the state, under such regulations as he
may prescribe and for a period not longer than ten years, all shellfish areas that have been conveyed to
the state or placed under state jurisdiction by the town of West Haven and any undesignated grounds,
within the exclusive jurisdiction of the state, for the purpose of planting and cultivating shellfish. The
authority herein conferred shall include the Cormell Reef, Portchester, Great Captain's Island, Field
Point and Greenwich Point natural beds as located and described in section 3295 of the general
statutes, revision of 1918. Any person desiring to lease grounds for such purpose shall make application
in writing to the commissioner and all grounds leased by authority of the provisions of this section shall
be leased to the highest responsible bidder, for a minimum fee of four dollars per acre. Such lease or
lease renewal shall require the lessee to make a good faith effort to cultivate and harvest shellfish from
the leased area. Such lease or lease renewal shall prohibit the lessee from entering a contract whereby
the lessee agrees not to cultivate and harvest shellfish for any period of time. No lessee may enter an
agreement with a third party that will prevent the lessee from carrying out the lessee's obligations
under the lease unless the Department of Agriculture and the Attorney General have approved such
agreement. The form of such application and lease shall be approved by the Attorney General, and all
such leases shall be recorded in the records of the commissioner. No lease shall be granted to a resident
of a state which does not lease shellfish grounds to residents of this state, except that any nonresident
who was granted a lease on or before October 1, 1985, may, upon the expiration of such lease, apply for
a renewal or further lease as provided in this section. The commissioner shall grant any such lease to
nonresidents upon the same terms and conditions as to residents of this state. Any lessee or holder of
shellfish grounds, on the expiration of any lease thereof which has been or which may be granted,
having fulfilled all of such lessee's or holder's obligations under the lease shall, upon application to the
commissioner, have preference in the reletting of such ground for a like term to that granted in the
original lease, excluding the rental fee, which shall not be less than the minimum fee per acre as
provided in this subsection. A lease renewal shall not be granted if the applicant is in arrears for rent on
the original lease of such grounds. Such application for such renewal or further lease shall be granted
without notice or advertisement of the pendency thereof; provided no renewal or further lease of such
ground shall be granted when the commissioner, for cause, ceases to lease such ground for shellfish
culture. All assignments or transfers of leases shall be subject to the approval of the commissioner and
shall be recorded in his records. Any person who interferes with, annoys or molests another in the
enjoyment of any lease authorized by the provisions of this section shall be subject to the penalties
58
provided in section 26‐237. The provisions of sections 26‐212, 26‐215 and 26‐232 shall not apply to any
shellfish grounds leased pursuant to the provisions of this section.
(b) Upon request of a lessee, the commissioner may divide or consolidate shellfish grounds leased by
such lessee, if the commissioner determines such division or consolidation to be in the best interests of
the state. The minimum fee per acre shall apply to shellfish grounds divided or consolidated pursuant to
this subsection.
(c) The Commissioner of Agriculture shall assess the owner of any facility that requires a certificate
issued pursuant to section 16‐50k or that requires approval by the Federal Energy Regulatory
Commission and that crosses any grounds of Long Island Sound within the jurisdiction of the state,
including, but not limited to, any shellfish area or leased, designated or granted grounds, an annual
host payment fee of forty cents per linear foot for the length of such facility within the jurisdiction of
the state. The Commissioner of Agriculture shall deposit seventy‐five per cent of the proceeds of such
fee into the expand and grow Connecticut agriculture account established pursuant to section 22‐38c
and shall transfer the remaining twenty‐five per cent to the Commissioner of Environmental Protection
for deposit into the Environmental Quality Fund established pursuant to section 22a‐27g.
(d) Notwithstanding the provisions of subsection (a) of this section, any owner of a utility line or public
use structure that impacts a leased area shall pay to the lessee the costs of removing or relocating any
shellfish. Nothing in this subsection shall be construed to prohibit the state or any lessee from
recovering damages incurred by the state or the lessee caused by the installation, construction or
presence of such utility line or public use structure.
(e) The Commissioner of Agriculture may designate an agent within the department to exercise the
authority of said commissioner under this section.
Sec. 26‐194a. Lease of a state shellfish bed to a municipality for recreational shellfishing. Fees. The
Commissioner of Agriculture may lease any state recreational shellfish bed to a municipality which is
adjacent to such bed for ten dollars per acre per year pursuant to a plan approved by said commissioner
for the management of such bed by such municipality. The use of local shellfish programs shall be
available to any resident of the state, without regard to residence in the municipality. The use of
shellfish beds shall be restricted to recreational shellfishing. The fee charged for licenses or permits for
use of local shellfish programs shall be the same for residents and nonresidents of the municipality. Any
fees received by any such municipality from the issuance of licenses or permits issued to residents of
the municipality for use of local shellfish programs shall be retained by the municipality. Such fees shall
be used by the municipality to manage local shellfish programs. Any fees received by any such
municipality from nonresidents for the use of local shellfish programs shall be deposited by the
commissioner in a revolving fund to carry out the state shellfish management and enforcement plan.
Municipalities that lease shellfish beds shall make such beds available by access from the shore,
including providing space for parking, and access by marine approach.
Sec. 26‐195. State ground; determination of disputed boundaries. All questions and disputes
touching the ownership, title, buoys, boundaries, ranges, extent or location of any shellfish grounds
within the exclusive jurisdiction of the state may be referred to and settled by the Commissioner of
Agriculture, who is empowered, on petition of any person interested therein, to summon all the parties
in interest, so far as such parties may be made known to him, to appear before him at a time and place
in the summons named, such summons to be signed by the commissioner or his authorized agent and
59
served by him or such other person as said commissioner may direct; whereupon, at the time and place
named, or at any other time and place to which the hearing may be from time to time adjourned, the
petitioner shall file a sworn statement of the facts as claimed by him, to which any interested party may
respond by filing a sworn counterstatement of the facts as claimed by him; and, after hearing all the
parties interested, with their witnesses and counsel said commissioner shall make his decision in writing
as soon as convenient thereafter, which decision shall be recorded in the books of record in his office,
and the same shall be binding on all the parties in interest so summoned or appearing, unless on an
appeal taken from such decision, in accordance with the provisions of section 4‐183, except venue for
such appeal shall be in the judicial district where the town is situated between whose meridian lines any
portion of said grounds may be, such decision is reversed by said court.
Sec. 26‐196. Determination of disputed boundaries in other cases. When any designation of shellfish
grounds which are wholly or partially within the exclusive jurisdiction of the state contains a map
thereof or refers to such map lodged on file in the town clerk's office, and the owner or owners of the
adjoining grounds, so far as they lie within the exclusive jurisdiction of the state, do not agree as to the
location of the line fixed by such map or, if the boundary between such owners is a town boundary and
they disagree as to the same, one or more of such owners may apply to the Commissioner of
Agriculture, who shall thereupon notify all parties in interest to file sworn statements of facts and
copies of maps as claimed by them respectively, and said commissioner shall thereupon appoint a
surveyor who shall take such maps and statements and lay out and survey the grounds in the various
ways claimed and, if any town boundary comes into question, he shall ascertain and report upon such
boundary as it appears from the maps and records in the custody of the respective town clerks of such
towns. Thereupon he shall report his doings, accompanied with the maps or copies of maps touching
the dispute, to said commissioner, who shall thereupon summon all parties in interest before him at a
time and place to be named in the summons, and, after a full hearing of the parties, with their witnesses
and counsel, said commissioner shall establish the line in dispute and cause the same to be located and
marked by ranges and buoys; and the line so established shall be the true dividing line between such
grounds unless on appeal taken to the Superior Court, as provided for in section 26‐195, such decision is
reversed. The costs and expenses of such proceedings as fixed by said commissioner shall be equally
divided between the adjoining owners, who shall pay the same to said commissioner upon the filing of
his decision, and the same shall be accounted for and paid to the State Treasurer; and the cases
provided for by this section shall not be included under section 26‐195.
Sec. 26‐197. Commissioners' fees on hearings. Section 26‐197 is repealed.
Sec. 26‐198. Fees for recording or copying. The same fees shall be paid for recording or copying papers
and maps under this chapter in the office of the Commissioner of Agriculture as are charged by town
clerks for like services; and all fees so paid shall be accounted for and paid to the State Treasurer.
Sec. 26‐199. Recording of transfers. All transfers of title to oyster grounds within state jurisdiction
shall be recorded in the record books of said Commissioner of Agriculture. The person making such
transfer shall cause such record to be made forthwith or, in lieu thereof, shall forthwith give written
notice of such transfer to said commissioner, stating the date thereof, the name of the transferee and
the description of the grounds affected thereby. Upon the failure to make such record or to give such
notice, the person making such transfer shall be deemed, for all purposes of taxation, to be the owner
thereof notwithstanding such transfer and shall pay all such taxes as may be laid on such land by said
commissioner at any time before such record has been made or such notice given; and such tax shall be
a lien on such grounds.
60
Sec. 26‐200. Survey and staking; maps; fee. Said Commissioner of Agriculture shall, previous to the
delivery of any instrument conveying the right to plant or cultivate shellfish upon any of said grounds,
make or cause to be made a survey of the same upon the official map or maps in his office, and shall
locate and delineate the same or cause it to be located and delineated upon said map or maps. The fee
for such survey, location and delineation shall be thirty‐five dollars per corner and shall be paid by the
applicant. Upon receipt of such instrument of conveyance, such grantee shall have the right to use and
occupy such grounds for said purposes, which rights shall be and remain in such grantee and his legal
representatives.
Sec. 26‐201. Release to the state. Any owner of grounds designated for the cultivation of oysters in the
waters of Long Island Sound within the jurisdiction of said Commissioner of Agriculture may surrender
the same by delivery to the state of a deed of release of the same, executed and acknowledged by such
owner; provided such release and the recording thereof shall be made without charge or expense to the
state and shall be approved by said commissioner.
Sec. 26‐202. Leasing beacon ground. The Commissioner of Agriculture may hire and take upon leases
not exceeding a term of ten years, in the name and behalf of the state, any such plot or plots of ground
within the state as he deems necessary for constructing, erecting, setting, maintaining and protecting
signals, beacons, boundstones, posts or buoys to be used in designating, locating, surveying or
mapping any shellfish grounds within state jurisdiction.
Sec. 26‐203. Buoying of certain natural beds. The Commissioner of Agriculture shall cause those
natural or public oyster beds in the exclusive jurisdiction of this state, known and described in section
3295 of the general statutes, revision of 1918, as the Stratford bed, Fish Island and Roton Point beds,
the Bridgeport bed and the Fairfield Bar and Fairfield beds, to be marked by buoys which shall be
known as state buoys, and by range monuments on the shore by which the lines can be relocated
should any buoys be removed, and shall cause double buoys or a distinctive mark to be placed at any
point on the boundary where the line changes in direction, and such buoys shall be maintained by the
state. No buoys shall be set in lines so run as to include within the natural or public beds any private or
designated grounds.
Sec. 26‐204. Grant of right to plant or cultivate shellfish which interferes with established fishing
right void. Except as provided in section 26‐194, said Commissioner of Agriculture shall in no case grant
to any person a right to plant or cultivate shellfish which interferes with any established right of fishing
and, if any such grant is made, the same shall be void.
Sec. 26‐205. Wardens; appointment, duties and powers. Section 26‐205 is repealed, effective
October 1, 2002.
Sec. 26‐206. Shellfish police. The Commissioner of Agriculture may, upon the application of the
Oystermen's Protective Association of Connecticut or the owner of any oyster franchise or grounds or
any natural growers' association, during such time as the commissioner may determine, appoint and
commission such number of policemen as he deems necessary to be designated by such association or
owner, who, having been sworn to the faithful performance of their duties, may act as policemen upon
the tidal waters and flats of this state and upon any boats, wharves or docks owned, leased or
controlled by said association or a member thereof or an owner of oyster grounds. Said commissioner
shall cause a record to be made of the issuance or revocation of any such commission. Any person so
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appointed shall have the powers to make arrests and, when on duty, shall wear in plain view a badge
bearing conspicuously the words "Shellfish Policeman".
Sec. 26‐207. Taxation of shellfish grounds. Any owner of shellfish grounds, franchise or franchises
lying within the exclusive jurisdiction of the state, on or before the first day of July, annually, shall
deliver to the Commissioner of Agriculture a statement under oath of such franchise or franchises or
grounds belonging to such owner on the first day of June next preceding. Such statement shall specify
the lot or lots owned by such owner by numbers as appear upon the last official map published by said
commissioner, or, if granted since the publication of such map, according to such number as may be
furnished by said commissioner, and the location and number of acres of each lot. Blanks for such
statement shall be prepared by said commissioner and furnished to each owner, but failure to receive
such blanks shall not relieve any person from the obligation to furnish the statement herein provided
for. The commissioner may issue subpoenas to compel the attendance of any person before him, with
books of account, documents and maps, and may administer oaths to and examine any person for the
purpose of ascertaining the amount and value of such property. Any person who fails to respond to any
such subpoena or who, having responded, refuses to testify or who fails to produce any such book or
books of account, documents or maps, upon application of said commissioner to the superior court for
any judicial district bordering on the waters of Long Island Sound, may be punished for contempt. Said
commissioner may exercise the authority of assessors of towns and add ten per cent of the value of the
property as a penalty for failure to give in a list. Any person who discloses any information obtained
from any such witness or from the books or records of any such owner provided for under the provisions
of this section, otherwise than in carrying out the provisions hereof, shall be fined not more than five
hundred dollars.
Sec. 26‐208. Laying of tax. All statements so delivered or made shall be alphabetically arranged, and
the Commissioner of Agriculture shall determine the value of all property so returned and described in
such statements, which property shall be liable to taxation at the valuation so determined, including
the ten per cent for default as aforesaid. Said commissioner shall annually declare and lay a tax thereon
at the rate of two per cent of such valuation, payable at the office of said commissioner on and after the
first Monday of the January following, and such tax shall be a lien upon the franchises and grounds so
taxed from the time it is so laid until paid and shall be in lieu of all other taxes on such property.
Sec. 26‐209. Appeal. Any person aggrieved by the action of the Commissioner of Agriculture under
section 26‐208 shall have the same right of appeal to the Superior Court as is provided by law for
appeals to said court from boards of assessment appeals of towns, except as otherwise provided. Each
such appeal shall be taken to the judicial district where the franchise or ground in question is situated or
to the judicial district where the owner appealing resides, and said court shall have such powers therein
as in appeals from boards of assessment appeals of towns.
Sec. 26‐210. Collection of tax. If any tax so laid is not paid on or before the first Monday in March, the
Commissioner of Agriculture shall make and issue his warrant for the collection thereof, with interest
thereon, at the rate of one per cent per month from the day such tax becomes payable until paid, with
the expenses of such collection, which warrant shall authorize any reputable person named therein to
seize such grounds and any oysters or other shellfish thereon, or any other property of the owner or
owners thereof not exempt from execution, and to sell the same, or so much thereof as he may find
necessary, at such time and place, in such manner and by such person as said commissioner may direct,
whereupon such sale shall be so made, and such warrant shall be immediately returned to said
commissioner by such person with all his doings endorsed thereon, and he shall pay to said
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commissioner the money received upon such sale, and the commissioner shall apply the same to the
payment of such tax and all the expenses thereon, including the expenses of such sale, returning any
balance that remains to such owner or owners; and all moneys received by said commissioner in
payment of taxes and interest thereon shall be accounted for and paid to the State Treasurer.
Sec. 26‐211. Taxes unpaid five years; reversion. When the taxes on any oyster grounds within the
exclusive jurisdiction of the state and under the control of the Commissioner of Agriculture are in
arrears for five consecutive years, said commissioner shall notify the owner or owners of such grounds,
or their legal representatives, of the fact of such arrears, and if, within three months after the date of
such notification, all arrears of taxes on such grounds are not paid, such grounds shall revert to the
state; and the commissioner, upon the reversion of such grounds to the state, shall make a certificate of
the fact of such reversion for record upon his books, and such grounds shall thereupon be open for
application like all other undesignated oyster grounds within the exclusive jurisdiction of the state.
Sec. 26‐212. Licensing and numbering of shellfish vessels. Fee. No person shall take or gather for
commercial purposes oysters, clams, mussels or other molluscan shellfish from any natural shellfish bed
in the state in any boat or vessel unless it is licensed and numbered in the manner provided in this
section. Any person desiring to use any boat or vessel for such purpose may make written application to
the Commissioner of Agriculture, stating the name, owner, rig, general description and tonnage of such
boat or vessel and the place where it is owned, and the commissioner shall issue to the owner of such
boat or vessel a license to take and gather for commercial purposes oysters, clams, mussels or other
molluscan shellfish from the natural shellfish beds in the state for the term expiring on the next
succeeding twentieth day of July, unless sooner revoked, upon the payment of fifteen dollars; provided,
before such license is granted, the owner or master shall prove to the satisfaction of the commissioner
that such boat or vessel may legally be used on work on the public beds of the state and that the
dredges and other contrivances do not weigh more than thirty pounds. Each boat or vessel so licensed
shall, while at work upon any of the natural shellfish beds of the state, display the number of such
license in black figures not less than one foot in length. No such license may be transferred. The sale of
any boat so licensed shall operate as a forfeiture and revocation of the license, and the license
certificate shall be surrendered to the commissioner.
Sec. 26‐213. License to work on natural beds. No person shall take or gather for commercial purposes
oysters, clams, mussels or other molluscan shellfish from any natural shellfish bed in the state and no
person shall be permitted upon any boat, licensed pursuant to the provisions of section 26‐212, while
the boat is being used for such taking or gathering until the person has been licensed in the manner
provided in this section. The person shall apply in writing, to the Commissioner of Agriculture upon
blanks to be furnished by the commissioner, stating his name, residence, post‐office address and such
other information as may be required by said commissioner, and said commissioner, upon payment of a
fee of ten dollars, shall issue to the person a license for such purpose. All licenses so issued shall be
revocable at any time by the commissioner and shall expire on the twentieth day of July in each year.
The commissioner shall account to the Treasurer for all money received for licenses under the
provisions of this section. Any person who violates any of the provisions of this section relating to
licensing shall be fined not more than one hundred dollars or imprisoned not more than thirty days or
both.
Sec. 26‐214. Nonresident oystermen. Foreign vessels prohibited. Section 26‐214 is repealed,
effective June 23, 1999.
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Sec. 26‐215. Power dredges. Local shellfish commissions. Use of power dredges to restore shellfish
beds. (a) There shall not be used on any licensed boat any device operated otherwise than by hand
power, for hoisting or operating dredges or other implements for gathering oysters, clams, mussels or
other shellfish or oyster shells. Except as provided in subsection (b) of this section, no person shall use
any dredge or other contrivance weighing more than thirty pounds, exclusive of the net or bag, or with
a capacity of more than one and one‐half bushels in taking up or dredging for oysters, clams, mussels or
other shellfish or oyster shells in any of the waters of the state, except upon private designated
grounds. Nothing in this section shall be construed to prevent the use of power in taking up or dredging
for oysters, clams, mussels or other shellfish or shells on private designated grounds by the owners
thereof, or to prevent the use of excavators for deepening the water in places where there are no
natural oyster or clam beds, or where such beds have not existed within ten years, by digging or
removing the material, permission to use excavators being first given by the Commissioner of
Agriculture, which permission shall not be given until after a public notice of at least two weeks of the
time when and place where he will hear all parties desiring to be heard upon such application, which
notice shall be posted in the office of the town clerk of the town where such grounds are located.
(b) A local shellfish commission established pursuant to section 26‐257a may allow limited and
supervised use of a power dredge or other contrivance with a capacity of not more than three bushels,
for the purpose of cultivation, enhancement or restoration of natural shellfish beds located within the
jurisdiction of said commission. The use of a power dredge or other contrivance pursuant to this
subsection shall not be extended to the harvesting or removal of oysters. Such shellfish commission
shall administer such dredging pursuant to section 26‐257a.
Sec. 26‐216. Penalty. Any person who violates any provision of section 26‐215, or who uses any device
or number not furnished by the Commissioner of Agriculture for a boat or vessel used in cultivating or
dredging for shellfish, shall be fined not less than twenty‐five dollars or more than fifty dollars for each
day that such boat or vessel is so unlawfully used and, on conviction of a second offense, shall be fined
not less than fifty dollars or more than two hundred dollars or imprisoned not more than thirty days, or
both, for each day that such boat or vessel is so unlawfully used.
Sec. 26‐217. Use of chain bags on natural oyster beds. No person shall use any dredge with a chain
bag having rings of less than three‐quarters of an inch in diameter, or any net bag with smaller mesh
than two inches from knot to knot, on any natural oyster bed. Any person who violates any provision of
this section shall be fined not more than fifty dollars or imprisoned not more than thirty days or both.
Sec. 26‐218. License forfeited on conviction. The conviction of any person of dredging without a
license, upon a natural oyster bed, shall render such person ineligible for a license for the remainder of
the license year, and the conviction of any licensee for any violation of the laws relating to shellfisheries
shall operate as a revocation of his license.
Sec. 26‐219. License to take conchs. Any person may apply to the Commissioner of Agriculture for a
license to take conchs in excess of one‐half bushel daily. Such license shall not apply to any area
lawfully designated as oyster, clam or mussel beds under town or state jurisdiction. Such application
shall state the name, residence and post‐office address of the applicant and such other information as
said commissioner requires. Such license shall be valid for one year from the date of its issuance, and a
fee of fifty dollars shall be charged therefore. Any person who takes any conchs in excess of one‐half
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bushel daily without having obtained such a license shall be fined not more than two hundred dollars or
imprisoned not more than thirty days or both.
Sec. 26‐220. Shellfish spawning beds. The Commissioner of Agriculture may designate in such manner
as he may determine such spawning beds as he deems necessary south of the jurisdiction line but not
more than ten acres in any one town, and cause the same to be marked by buoys to be maintained
under such regulations as said commissioner may prescribe. Any person who goes upon or over any
such spawning bed for the purpose of taking oysters or dredging, or who tows a dredge under water,
over or upon such spawning bed, shall be fined not more than five hundred dollars or imprisoned not
more than three months or both.
Secs. 26‐221 to 26‐223. Mud dumping. Notice of intended dumping on private oyster beds.
Dumping inspectors. Sections 26‐221 to 26‐223, inclusive, are repealed, effective October 1, 2002.
Sec. 26‐224. Deposit of injurious substances in tidal waters or on oyster ground. Penalty. Any
person who willfully and knowingly deposits or assists in depositing any starfish or periwinkle, any
shellfish imported from another state and infected with a communicable disease or parasite, or any
oyster other than the species Ostrea (Crassostrea) virginica in any of the tidal waters of this state, or
who dumps mud or other material, except that used in making oyster beds, on any ground located and
designated as oyster ground, shall be fined not more than two hundred dollars or imprisoned not more
than six months for each bushel, or fraction thereof, of such material so deposited or dumped.
Sec. 26‐224a. Depositing of shellfish in tidal waters. Regulations.
(a) The Commissioner of Agriculture shall adopt regulations in accordance with the provisions of
chapter 54 setting forth standards and procedures for the depositing of shellfish imported from outside
the state in tidal waters of the state to prevent the introduction of harmful shellfish parasites, pests and
diseases. No person may deposit any shellfish or shellfish seed imported from outside the state into the
waters of the state unless such shellfish or shellfish seed has been produced from a hatchery which has
been inspected or otherwise approved by the Department of Agriculture. Said department may charge
such hatchery for any costs incurred in such inspection. Any moneys collected pursuant to this
subsection shall be deposited in the fund established pursuant to section 26‐237b and shall only be
expended for the costs incurred in association with inspections made pursuant to this subsection. Any
person who deposits shellfish in any of the tidal waters of the state shall first give notice thereof to the
commissioner in accordance with regulations adopted pursuant to this section.
(b) The commissioner shall have reasonable access to vessels, commercial fishing gear and docks and
wharfs used in shellfish operations to determine compliance with the regulations adopted pursuant to
this section.
(c) On and after the effective date of regulations adopted pursuant to this section, no person shall
deposit shellfish in the tidal waters of this state except in accordance with such regulations.
(d) Any person who violates any provision of this section shall be fined not more than two hundred
dollars.
Sec. 26‐225. Stealing oysters. Any person who, in the daytime, unlawfully takes and carries away any
oysters lawfully planted or cultivated in any waters, or any oysters being on any place designated for
the planting or cultivation of oysters, shall be fined not more than three hundred dollars or imprisoned
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not more than one year; and, if such offense is committed in the night season, he shall be fined not
more than five hundred dollars or imprisoned not more than one year.
Sec. 26‐226. Injury to enclosure. Any person who willfully injures any oyster enclosure legally
designated, marked out and enclosed or removes any buoys or stakes used to mark out any oyster
ground, or who takes any shells from such enclosure, shall be fined not more than fifty dollars or
imprisoned not more than thirty days; on a second conviction, the person shall be fined not less than
fifty dollars or more than one hundred dollars and imprisoned not less than thirty days or more than
ninety days, and, on each subsequent conviction, the person shall be fined one hundred fifty dollars and
imprisoned not more than six months.
Sec. 26‐227. Taking from designated but unmarked ground. No person shall dredge, plant or collect
any shells, shellfish or other material or perform any work pertaining to the shellfish industry upon any
shellfish grounds, unless each lot whereon any such work is performed has at each corner thereof a
buoy visible above mean high water. There shall be on each such buoy the initials of the owner or lessee
of such lot and the number of the same as shown on the latest map issued in the report of the
Commissioner of Agriculture, and the initial or initials denoting the direction of each corner from the
center of the lot printed upon a tag securely fastened to each such buoy. Intermediate line buoys shall
be so placed that the distance between buoys shall not be greater than eight hundred feet to be
determined by the commissioner, provided said commissioner may permit the use of stakes in lieu of
buoys where such use may be found necessary or advisable. Any person who violates any provision of
this section shall be fined not more than one hundred dollars.
Sec. 26‐228. Taking shellfish between sunset and sunrise. Any person who, between sunset and
sunrise, takes or collects any shells or shellfish from the shores or waters in this state shall be fined not
more than five hundred dollars nor less than one hundred dollars or imprisoned not more than sixty
days or be both fined and imprisoned.
Sec. 26‐229. Injury to monuments. Any person who willfully injures, removes or displaces any range
monument, signal, beacon, boundstone, post or buoy, or any part, appurtenance or enclosure thereof,
erected, constructed or set by the Commissioner of Agriculture, or by his order, on the land or water of
this state, for the purpose of designating, locating, surveying or mapping any shellfish grounds, shall be
fined not more than one hundred fifty dollars or imprisoned not more than ninety days or both.
Sec. 26‐230. Speculation in ground prohibited. Illegally staking ground. Any person who applies for
and procures any designation of a place for planting oysters, clams or mussels to be made to him, for
the purpose of assigning the rights which he may acquire, for profit or speculation, and any person,
other than the owner, the lessee, the Commissioner of Agriculture, the authorized committee or the
selectmen, who stakes out or encloses any grounds in navigable waters for the purpose of planting or
cultivating oysters thereon, shall be fined not more than fifty dollars.
Sec. 26‐231. Towing dredge prohibited. Any person who, without the written permission of the owner
or lessee of any properly designated oyster ground, tows or assists in towing under water any dredge,
trawl or contrivance for taking fish or shellfish, in a manner to cause it to come into contact with any
such ground or any shellfish thereon, shall be fined not more than fifty dollars or imprisoned not more
than thirty days or both and shall forfeit his right to fish in the marine district of Connecticut for one
year, and for a second offense shall be fined not more than one hundred dollars or imprisoned not more
than sixty days or both.
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Sec. 26‐232. Taking oysters from natural beds or the Housatonic or Saugatuck Rivers.
(a) Any person who (1) between the twentieth day of July and the twentieth day of September, gathers
or takes any oysters or shells from any natural oyster bed specified in section 26‐193 other than any
such bed in the Housatonic River, (2) between the twentieth day of July and the twentieth day of
September in any year, gathers or takes any oysters or shells in the Saugatuck River, or (3) between the
twentieth day of July and the twentieth day of October in any year, gathers or takes any oysters or
shells in the Housatonic River shall be fined not more than one hundred dollars or imprisoned not more
than thirty days or both; provided nothing in this section shall be construed to prohibit the gathering or
taking of shells or mussels by the use of tongs in said Housatonic River below a line drawn from a stake
on the west bank of said river, at Quimber's Neck Point, so called, and running thence in a northeasterly
direction to a stake on the east side of said river. Said stakes shall be located and maintained at said
points by the selectmen of the town of Stratford, and a certificate of such location by said selectmen
shall be recorded in the office of the town clerk of said town of Stratford. Nothing in this chapter or in
chapter 492 shall be construed as prohibiting the excavation of material in deepening the channels of
navigable waters by work authorized by the United States government.
(b) The Commissioner of Agriculture, upon application of the Stratford Shellfish Commission, may, at
any time, close the season for the taking of any shellfish in the Housatonic River for purposes of
conserving the resource.
Sec. 26‐233. Taking oysters from Housatonic River. Section 26‐233 is repealed.
Secs. 26‐233a and 26‐234. Taking of oysters in Housatonic River other than by tongs. Greenwich
Cove oysters. Sections 26‐233a and 26‐234 are repealed, effective October 1, 2002.
Sec. 26‐234a. Daily limit on oysters. Section 26‐234a is repealed, effective October 1, 1999.
Sec. 26‐234b. Taking of eastern oysters. Regulations. No person may take eastern oysters
(Crassostrea virginica) from the waters of this state which are less than three inches long or which are
otherwise not ready for harvest, as determined by the Commissioner of Agriculture, except that the
taking of such oysters for sale, transplant and relay for aquaculture purposes within the waters of the
state shall not be prohibited. The Commissioner of Agriculture may adopt regulations, in accordance
with the provisions of chapter 54, to carry out the purposes of this section.
Sec. 26‐235. Taking of clams. Recreational harvest limit. Penalties. Defacing or removal of sign.
(a) No person shall take any long clams less than one and one‐half inches in length, provided the
Waterford‐East Lyme shellfish commission may make such residency requirements for digging or
taking clams from the shores or waters of the Niantic River as it deems reasonable and in the best
public interest of the Waterford‐East Lyme area. Unless otherwise provided by statute, regulation or
local ordinance, the recreational harvest limit of clams shall not exceed one‐half bushel per person
daily. The Commissioner of Agriculture may designate by regulations adopted in accordance with the
provisions of chapter 54 shores and waters for the exclusive recreational harvesting of clams. For the
purposes of this section, recreational harvest of clams means the collection of clams by an individual for
personal consumption or consumption by such individual's family.
(b) The common council of any consolidated town and city and the selectmen of any other town may
determine the quantity of clams to be taken therein by a person during one day and may prohibit, for a
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period not exceeding one year, the taking of clams from any waters or beaches they may designate
within the territorial limits of such town, if they deem such prohibition necessary for the protection of
the natural clam areas, by posting notices on such designated territorial limits stating that the taking of
clams within such areas is prohibited.
(c) Any person who violates any provision of subsection (a) or (b) of this section shall have committed
an infraction.
(d) Any person who takes clams from an area closed and posted against the taking of clams by the
Department of Agriculture or from an area closed by license issuance or by order of a local health
department shall be fined not less than seventy‐five dollars or more than one thousand dollars or three
times the market value of any clams taken, based on the quantity and type involved in the violation, if
such amount is greater than one thousand dollars, or imprisoned not more than twelve months.
(e) Any person who defaces or removes a sign posted by the Department of Agriculture, in accordance
with the provisions of section 26‐192e, shall be fined not more than five hundred dollars or imprisoned
not more than six months.
Sec. 26‐236. Uncertified natural grounds. No provisions of any public or special act concerning the
quantity of shellfish to be taken from natural grounds shall apply to the harvesting of shellfish from the
following‐described uncertified natural grounds posted by the Department of Public Health, under
permits issued by said department: In the town of Branford, beginning at the southerly point of
Darrow's Island, at the mouth of Farm River, from which point, on the tenth day of June at 12:15 p.m.,
the New Haven lighthouse, on southwest ledge off New Haven Harbor, bears south 84° west; the
spindle of Geodetic survey bears north, 11° west, "Magnetic Meridian"; thence along the westerly shore
of said island to the northerly point thereof, where it intersects a designation to Patrick O'Brien and
others; thence along the westerly line of O'Brien's designation of what is called the "Gut" to the
steppingstones, so called, at the southerly line of a designation to the middle of Farm River; thence
southerly along a line in the middle of said river to the line of the Commissioner of Agriculture, formerly
of the shellfish commissioners, to the place of beginning, containing twenty‐two and one‐half acres;
also, beginning at Swift Water Point, so called, on the east side of Farm River, and at the northeasterly
corner of Willis Munson's designation; thence northerly along the easterly side of Farm River to the
causeway and bridge; thence westerly along said causeway and bridge to the town line fixed by the
towns of East Haven and Branford; thence southerly along said line in the middle of said river to said
Munson's north line, to the place of beginning, containing six acres; also, beginning on the northerly
side of the causeway and bridge over Farm River and running northerly along the easterly shore of said
river to a designation to Harrison Bristol and Warren S. Bradley, at a place called Oak Point; thence
westerly along said Bristol and Bradley south line to the middle of the river; thence southerly by a line in
the middle of the said river to the bridge over Farm River; thence easterly by the bridge and causeway
to the place of beginning, containing three acres; also, all that portion of Farm River lying within the
limits of the town of Branford, and being northerly of the northerly line of a designation near Farm
Creek to August Hall and William H. Thompson, extending up said river to a point where the waters of
Saltonstall Lake form a junction with the waters of said river, containing five acres, more or less; also, all
that portion of territory within the limits of the town of Branford, known as Calm Island Bar,
commencing at a hole drilled in a rock at the west end of Calm Island Bar, from which point the
lighthouse on southwest ledge off New Haven Harbor bears, June 15, 1885, south 88° 35" west,
Branford Beacon bears south 6° 35" east thence north 57° 45" east, 751 feet, to a point of rock at the
easterly end of said bar; thence running south 13° 12" west to low water mark; thence in a westerly
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direction along the line of low water to a point which is south 53° 20" east, from the hole in the rock;
thence to the starting point; containing five and one‐half acres; also, that portion of Branford River
bounded and described as follows: Beginning at a point on the easterly side of Branford River, in a line
with the northerly line bears north 32° 10" west, ranging with the tall chimney of the Malleable Iron
Works near the depot, in the town of Branford, and the chimney of the dwelling house on Kirkham
Street owned by Daniel Averill; thence along the northerly line of said Cook's designation to the
westerly shore of said river, thence easterly along the northerly line of said river to the Short Line
railroad bridge; thence across said river by the line of said bridge; thence easterly and southerly along
the line of said river to the place of beginning, containing thirty‐eight and one‐half acres.
Sec. 26‐237. Penalty. Any person violating any provision of this chapter for which violation no specific
penalty is imposed shall be fined not more than five hundred dollars or imprisoned not more than six
months or both.
Sec. 26‐237a. Deposit of cultch material on state shellfish beds. There is established within the
Department of Agriculture a program to purchase shell or other cultch material for deposit on state
shellfish beds. The program shall also include the purchase of management supplies, materials and
spawn oyster stock.
Sec. 26‐237b. Shellfish Fund.
(a) There is established and created a fund to be known as the "Shellfish Fund". The proceeds of any
bonds authorized for the purpose of section 26‐237a shall be deposited in the fund. Any balance
remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal
year next succeeding.
(b) The fund shall be used by the Commissioner of Agriculture for the program established under
section 26‐237a.
Sec. 26‐237c. License for the harvesting of oysters from state shellfish grounds. Section 26‐237c is
repealed, effective June 3, 2004, and applicable to calendar quarters commencing on and after July 1,
2004.
Sec. 26‐237d. Municipal collection of sea water samples for shellfish harvest water classification.
(a) The Department of Agriculture may, upon written request of a municipality, enter into a
memorandum of understanding with such municipality to authorize the health department or similar
agency of the municipality to collect sea water samples for the purpose of shellfish harvest water
classification. The memorandum of understanding shall not limit the geographic area from which the
municipality may collect such samples and shall not be construed to prevent the municipality from
collecting or processing samples for the purpose of improving shellfish harvest water classification. The
Department of Agriculture shall provide the municipality with support, documentation and training
regarding record keeping and sample collection and transport. The municipality shall provide training
to any employees or agents it designates to take such samples.
(b) Samples collected by a municipality shall be collected and processed in accordance with the
National Shellfish Sanitation Program Model Ordinance, as amended from time to time. Such samples
shall be processed by a laboratory certified pursuant to said ordinance. The analysis of a sample
processed in a laboratory other than a Department of Agriculture laboratory shall be transmitted
directly to said department's Bureau of Aquaculture and to the municipality that submitted the sample.
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(c) The municipality may, but shall not be required to, assist the Department of Agriculture in sample
collection in post rainfall conditions, spill events or routine sampling requirements. The Department of
Agriculture shall accept all sample data analysis from samples collected by municipalities pursuant to
this section and said department shall include such data analysis in any data base, report, file,
calculation or process used by said department to determine or report water quality classification or
reclassification.
Sec. 26‐237e. Resource assessment permits. A resource assessment permit issued by the Department
of Agriculture for the purpose of assessing the viability of a shellfish area shall not authorize more than
one hundred acres of assessment area per permit. Said department shall require the placement of
buoys at each corner of the assessment area, as defined by the permit applicant, prior to the start of
any assessment. Said department shall notify all abutting shellfish ground owners or lease holders of
the issuance of such permit not later than five days prior to the effective date of the permit.
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APPENDIX E. Local Shellfisheries Statutes
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Local Shellfisheries Statutes
‐Table of Contents‐
Sec. 26‐238. Town oyster ground committee.
Sec. 26‐239. Certain grants of oyster, clam and mussel grounds valid.
Sec. 26‐240. Town ground; designation; designation requirements and prohibitions; hearing.
Sec. 26‐241. Name of owner to appear on stakes, buoys and markers. Buoy specifications.
(Rev. 2008)
Sec. 26‐242. Granting of designation; condition precedent.
Sec. 26‐243. Evidence of designation to be recorded.
Sec. 26‐244. Lost title; redesignation. Penalty.
Sec. 26‐245. Fees of shellfish commissions.
Sec. 26‐246. Designation of disputed lines in local jurisdiction.
Sec. 26‐247. Removal of beds improperly stake.
Sec. 26‐248. Procedure to dam creek or inlet.
Sec. 26‐249. Private ownership in cultivated shellfish.
Sec. 26‐250. Taxation of town ground.
Sec. 26‐251. Natural clam beds not to be designated.
Sec. 26‐252. Taking of hard or round clams; size.
Sec. 26‐253. Trespass on designated ground.
Secs. 26‐254 Catching of shellfish on bridge pier. Plowing for shellfish along Long Island Sound.
to 26‐255.
Sec. 26‐256. Injury to pond gates and dams.
Sec. 26‐257. Local shellfish grounds under state control.
Sec. 26‐257a. Local shellfish commissions.
Sec. 26‐258. Location of local natural clam or oyster beds.
Sec. 26‐259. Maps to be lodged in town clerk's office.
Sec. 26‐260. Selectmen of Milford and West Haven may prohibit the taking of clams.
Sec. 26‐261. Taking of clams from Oyster River in West Haven and Milford.
Sec. 26‐262. Taking of oysters from natural ground in Milford.
Secs. 26‐263 Taking of clams from Gulf Pond in Milford. Dredging prohibited in New Haven
to 26‐265. harbor. Dredging in New Haven, Morris Creek and East Haven.
Sec. 26‐266. Shellfisheries in Branford. Grants. Requirements and prohibitions of grants.
Secs. 26‐267 Branford and Farm Rivers. Branford or East Haven shores. Taking of clams from
to 26‐270. clam flats in and adjacent to the town of Branford. Taking of oysters and claims in
Westbrook.
Secs. 26‐271 Powers of Guilford and Madison selectmen. Shellfisheries in Guilford. Restriction
to 26‐275. of powers of Guilford. Limitation of taking shellfish in Guilford and Madison.
Dredging in waters.
Sec. 26‐276. Hammonasset River; limitation.
Sec. 26‐277. Clinton and Madison; special constables.
Sec. 26‐278. Jurisdiction of special constables.
Sec. 26‐279. Madison; town rights.
Sec. 26‐280. Taking of shellfish at Saugatuck Shores in Westport.
Secs. 26‐281 Protection of clams and oysters in Fairfield. Taking of clams from Fairfield Beach.
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to 26‐283. Clamming restricted in Mill River in Fairfield.
Sec. 26‐284. Thames River oysters; limitation.
Sec. 26‐285. Taking of oysters and clams in Old Lyme regulated.
Sec. 26‐286. Taking oysters from the inland waters of East Lyme and Waterford.
Sec. 26‐287. Waterford‐East Lyme shellfish commission. Taking of shellfish from Niantic River.
Sec. 26‐288. Escallops.
Sec. 26‐289. Dredging for escallops in Little Narragansett Bay or Stonington Harbor.
Sec. 26‐290. Taking of escallops in Groton.
Sec. 26‐291. Taking of oysters and clams in Stonington.
Sec. 26‐291a. Taking of clams and oysters in Stonington.
Sec. 26‐292. Taking of escallops in the waters of Stonington.
Sec. 26‐292a. Cockenoe Flats shellfish grounds, Westport. Jurisdiction. Recreational clamming
(Rev. 2008) permits.
Sec. 26‐293. Prosecutions.
Sec. 26‐294. Penalty.
Statutes
Sec. 26‐238. Town oyster ground committee. Section 26‐238 is repealed.
Sec. 26‐239. Certain grants of oyster, clam and mussel grounds valid. Any grant of oyster, clam or
mussel ground, made by the duly constituted state or town authorities, which is not in territory that has
been designated as natural oyster ground by the General Assembly or by the courts, and which has
remained in the possession of the owner or owners for five years, shall be valid; and any proceeding to
invalidate such grant shall be brought within five years after such grant was made, otherwise the title to
such grant shall become complete in such owner or owners.
Sec. 26‐240. Town ground; designation; designation requirements and prohibitions; hearing.
(a) Any person desiring to plant or cultivate oysters, clams or mussels, in any waters within town
jurisdiction, may apply in writing, to the shellfish commission or to selectmen authorized to act, of the
town where such grounds are situated, to designate a suitable place to be used by him for that purpose,
and such commission or selectmen may make such designation and such applicant shall make and
stake out such place and may enclose it with buoys or with stakes, set at suitable distances and
distinctly visible above the surface at high water. Such designation shall require the applicant to make a
good faith effort to cultivate and harvest shellfish from the designated area. Such designation shall
prohibit the applicant from entering a contract with another person that requires the applicant to
refrain from cultivating or harvesting shellfish for any period of time except upon approval by the
shellfish commission or selectmen, as applicable. Such commission or selectmen shall make a written
description of such designation and enclosure, by ranges or otherwise, as may be most convenient,
which shall state the time of such designation. The money derived from such designation by selectmen
shall be paid to the town in which the same is made. The money derived from a designation by a
shellfish commission shall be paid to the commission. A designation may be made to several in
common, as well as to individuals. No such designation by the commission or the selectmen shall
become effective or be established until after a public hearing in relation thereto has been held by the
commission or selectmen authorized to act for that purpose at which parties in interest and citizens
shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in
a newspaper having a substantial circulation in such municipality at least twice at intervals of not less
than two days, the first not more than fifteen days and the last not less than two days before such
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hearing. A copy of the written application for the designation shall be filed in the office of the town
clerk in such municipality for public inspection at least fifteen days before such hearing and shall be
published in full in such newspaper.
(b) Notwithstanding the provisions of subsection (a) of this section, any owner of a utility line or public
use structure that impacts a designated area shall pay to the designee the costs of removing or
relocating any shellfish. Nothing in this subsection shall be construed to prohibit the state, the shellfish
commission, the board of selectmen or a designee from recovering damages incurred by the state, the
shellfish commission, the board of selectmen or the designee caused by the installation, construction or
presence of such utility line or public use structure.
Sec. 26‐241. Name of owner to appear on stakes, buoys and markers. Buoy specifications.
(a) All stakes, buoys or other markers placed by any person, except buoys placed by the state, so as to
mark the divisional line, in whole or in part, between any private and any public or natural oyster, clam
or mussel beds, in any waters of this state, shall have the name or initial of the owner plainly marked
and visible at high water. Any corporation or person who fails to comply with the provisions of this
section shall have committed an infraction.
(b) A buoy marking oyster, clam or mussel beds pursuant to subsection (a) of this section or section 26‐
240 shall be constructed with rigid polystyrene foam or similar buoyant material. Such buoy shall
support a vertical pole extending not less than ten feet above the top of such buoy and shall be tethered
by a rope or line to an anchoring device of sufficient weight to maintain the position of the buoy. The
vertical pole shall not exceed three and one‐half inches in diameter at any point and shall not be
constructed of a metallic material. A durable waterproof flag not less than six inches in height and eight
inches in length shall be affixed to the top of the pole.
Sec. 26‐242. Granting of designation; condition precedent. No shellfish commission or selectmen
shall grant any designation of ground for the planting or cultivation of oysters, until the applicant for
such ground has shown them a certificate from the town clerk that the ground has not been previously
designated and that such ground is within the limits allotted by law for designation by such commission
or selectmen, together with a receipt from the town treasurer, acknowledging that the money for such
designation has been deposited with him, pending the action of the commission or selectmen. Town
clerks may grant such certificates upon satisfactory proof of such facts by maps and examination of the
law and records. Town treasurers may receive such moneys and give such receipts and, if the
designation is granted, may retain the money for the use of the town; but, if the application is denied,
they shall, on demand of the applicant, refund such payment. Any member of any shellfish commission
or of any board of selectmen who violates any of the provisions of this section shall have committed an
infraction.
Sec. 26‐243. Evidence of designation to be recorded. The selectmen of each town in which places
have been designated in its navigable waters for planting or cultivating oysters, clams or mussels shall
provide a book, to be kept by the town clerk, for recording all applications for such places, together
with the written designation and descriptions of the places designated and set out thereon, and all
assignments of such places. The town clerk shall record each application and note thereon the day
when it was received for record and the book and page where it was recorded and make an alphabetical
index of all such applications, designations and assignments, specifying the names of the applicants
and of the assignors and assignees, separately; and an attested copy of any such application,
designation or assignment, with a certificate that it has been recorded, shall be conclusive evidence of
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the fact of such record and prima facie evidence of the validity of such application, designation or
assignment.
Sec. 26‐244. Lost title; redesignation. Penalty. Any owner of any such place who has lost the
evidences of his title, after filing the same with the town clerk, may apply to the shellfish commission of
the town in which such place is situated, and in East Haven and West Haven to the selectmen, and if he
satisfies them that the same justly belongs to him, and that he had obtained and filed such evidences of
title with the town clerk, and that such evidences have been lost or destroyed, such commission or
selectmen may designate and set such place to him anew, notwithstanding he may have acquired title
to other places, though the whole of the places held by him would exceed two acres in extent; but no
new application and designation shall affect the rights of any other person to any place so designated
and set out or to the oysters thereon. Any person who fraudulently procures any such place to be
designated and set to himself, or to any other person, under the provisions of this section shall be fined
not more than three hundred dollars or imprisoned not more than six months or both.
Sec. 26‐245. Fees of shellfish commissions. A shellfish commission may establish a fee for a
description of grounds designated for planting and cultivating oysters and a fee to be paid to each
member for each day occupied in making such designation.
Sec. 26‐246. Designation of disputed lines in local jurisdiction. When the boundaries of lands or
grounds not within the exclusive jurisdiction of the state, lawfully designated for the planting or
cultivation of oysters, clams or mussels, between adjoining proprietors, have been lost or become
uncertain, or when the shellfish commission authorized to stake out such lands or grounds has, in the
designations or descriptions thereof, described such boundaries so as not to agree with or correctly
locate the boundaries actually fixed by them, and such adjoining proprietors cannot agree to establish
the same, one or more of them may bring a petition to the superior court for the judicial district in
which such lands or grounds, or a portion of them, are situated, and said court may order such lost and
uncertain bounds to be erected and established; and may appoint a committee of not more than three
disinterested property owners, who shall give notice to all parties interested, as the same appear, in
such lands or grounds, to appear before them, and having been sworn, shall inquire into the facts and
erect and establish such lost and uncertain bounds, and ascertain the true line between such adjoining
proprietors, and reestablish and relocate the same where the shellfish commission marked and placed
the same, and may employ a surveyor to assist them if necessary. Such commission shall report to the
court the facts relating to such matters, and the original designations and descriptions of such lands
and grounds, and of all their doings in the premises; and, if said court finds such parties were duly
notified, it may confirm such doings and by its decree fix and locate such boundary lines between such
adjoining proprietors, and certified copies of the report and decree shall be recorded in the oyster
records of the town in which such lands are, or on which such original designations of such grounds are
recorded, and the lines and bounds so erected and established shall be the bounds and lines between
such adjoining proprietors. This section shall not apply to any designation of oyster ground which
contains a map thereof, or which refers to such map lodged on file in the town clerk's office, or to oyster
grounds within the exclusive jurisdiction of the state.
Sec. 26‐247. Removal of beds improperly staked. When any natural oyster or clam bed, or any part
thereof, within town jurisdiction, has been designated, enclosed or staked out, contrary to the
provisions of this chapter, the superior court for the judicial district in which such bed is situated, upon
the petition of any individual aggrieved, or of the town in which such bed is situated, against the person
claiming the same, and the chairman of the shellfish commission appointed by such town, when such
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petition is brought by an individual, shall appoint a committee, which, having been sworn and given
notice to the parties, shall hear such petition and report the facts thereon to said court. If it appears that
such bed has been improperly staked out, the court may order such commission to remove the stakes
enclosing the same, and costs to be paid at the discretion of the court; but, when oysters have been
planted or cultivated or improvements made, before such petition is brought, by any person, in good
faith, to whom such designations have been made, or by any assignee of such person, the court shall
give him a reasonable time to remove such oysters and improvements.
Sec. 26‐248. Procedure to dam creek or inlet. When the owner of any land in which there is any
saltwater creek or inlet desires to dam, gate or lock the same for any oyster pond, for the cultivation of
oysters, he may make application therefore to the selectmen of the town or the shellfish commission
where such creek or inlet may be, who shall visit and examine it. If, in the opinion of the selectmen or
commission, to dam it will not injure navigation or deprive the public of any rights or privileges, said
selectmen or commission shall mark off, or set bounds, where a dam may be built, and report such
opinion to a meeting of the town or the commission; and, if such opinion is approved by the meeting or
the commission, the owner of such creek or inlet may construct and maintain such dam, gate or lock,
for such purpose, during the pleasure of the General Assembly.
Sec. 26‐249. Private ownership in cultivated shellfish. Each person who plants or cultivates oysters,
clams or mussels, in any place lawfully designated, shall own them and also all other oysters, clams or
mussels on such place, and have the exclusive right of taking up and disposing of them and of using
such place for the purpose of planting or cultivating oysters, clams or mussels therein, which place shall
be transferable by written assignment; but nothing herein contained shall affect the rights of any owner
of lands in which there may be saltwater creeks or inlets, or which may be opposite or contiguous to
such navigable waters; nor authorize any shellfish commission or selectmen to designate, nor any
person to mark, stake out or enclose, any natural oyster or clam bed, or infringe upon the free
navigation of such waters, or interfere with the drawing of seines in any place established and
customarily used for seine fishing.
Sec. 26‐250. Taxation of town ground. All shellfish grounds lying within the waters of this state and
not exclusively within state jurisdiction shall be taxed in the same manner in all respects as real estate in
the several towns within the meridian lines of which such shellfish grounds are situated, and no other
tax or rental shall be laid or collected on such grounds or the franchise of any person therein.
Sec. 26‐251. Natural clam beds not to be designated. No shellfish commission or selectman of any
town shall designate, and no person shall mark, stake out or enclose, for the cultivation of oysters,
clams or mussels, any natural clam bed.
Sec. 26‐252. Taking of hard or round clams; size. No rake, tongs, dredge or other device shall be used
for taking hard or round clams in any of the waters of this state, with spaces or openings between the
teeth or prongs of less than one inch, and no such clams less than one inch in thickness, or which will
pass through a ring of one and one‐half inches internal diameter, shall be bought, sold or offered for
sale by any person but, if taken, shall, without unnecessary injury, be returned to the water whence
taken. Any person who violates any provision of this section shall have committed an infraction.
Sec. 26‐253. Trespass on designated ground. Any person who willfully commits any trespass or injury
with eel spears or other implements on any designated oyster ground on which oysters are being
cultivated shall have committed an infraction.
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Secs. 26‐254 and 26‐255. Catching of shellfish on bridge pier. Plowing for shellfish along Long Island
Sound. Sections 26‐254 and 26‐255 are repealed.
Sec. 26‐256. Injury to pond gates and dams. Any person who injures the dams or gates of any oyster
pond shall have committed an infraction.
Sec. 26‐257. Local shellfish grounds under state control. When shellfish grounds or franchises located
within the limits of the towns of West Haven, New Haven, Milford and Westport, and northerly of the
state jurisdiction line, have been surveyed, and a map of the same made and accepted by the
Commissioner of Agriculture according to law, said commissioner shall have and exercise all the powers
and duties with reference to the grounds designated thereby which he has with reference to the
grounds south of the state jurisdiction line; and any copies of such books, records and maps which were
used in connection with such survey shall be kept on file in the office of the commissioner; provided the
selectmen of the town of Westport shall have exclusive jurisdiction over, and power to designate,
shellfish grounds in the waters, in said town, of all creeks and estuaries tributary to Compo Mill Pond in
said town, and the selectmen of the town of Milford shall have exclusive jurisdiction over, and power to
designate or lease, shellfish grounds in the waters, in said town, of the Indian River, Gulf Pond and that
portion of the Milford Harbor located northerly of the breakwater. The map of such grounds in the town
of Milford shall be published with the annual report of the Commissioner of Agriculture. Taxes and
rentals on grounds in the towns of West Haven and Westport and in the city of New Haven and on
franchises in the town of Milford designated on such maps shall be paid to the treasurer of the town or
city.
Sec. 26‐257a. Local shellfish commissions.
(a) Any town, city or borough, acting by its legislative body or its board of selectmen, if a town, or its
mayor, if a city, or its warden, if a borough, may establish a shellfish commission or may join with one or
more other towns, cities or boroughs, acting by their respective legislative bodies or boards of
selectmen or mayors or wardens, as the case may be, in establishing such a commission. The number of
members and their term of office shall be determined by the legislative body or board of selectmen or
mayor or warden, as the case may be, or, in the case of such joint action, by agreement of the
legislative bodies or boards of selectmen or mayors or wardens, as the case may be.
(b) Such commission shall have charge of all the shellfisheries and shellfish grounds lying in such
municipality or municipalities not granted to others and not under the jurisdiction of the Commissioner
of Agriculture, including all rivers, inland waters and flats adjacent to all beaches and waters within the
limits and marine bounds of the municipality or municipalities. The commission may designate suitable
places in the navigable waters within its jurisdiction for planting or cultivating oysters, clams or
mussels. The commission may issue licenses for the taking of shellfish therefrom and fix the fees
therefore, may designate the quantities of such shellfish to be taken, the sizes of such shellfish and the
methods of taking. The commission may prohibit the taking of such shellfish from certain designated
areas for periods not in excess of one year. All moneys collected by the commission under the
provisions of this section shall be paid to the commission and used by it for the protection and
propagation of the shellfish under its control. Any person who violates any regulation issued by the
commission pursuant to this section shall be fined not more than fifty dollars or imprisoned not more
than thirty days or both.
(c) The commission shall prepare and periodically update a shellfish management plan. The plan shall
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be submitted to the Commissioner of Agriculture and any appropriate board of selectmen, mayor or
warden for review and comment.
Sec. 26‐258. Location of local natural clam or oyster beds. The superior court for the judicial district of
New Haven, on the application of the selectmen of the town of West Haven, and the superior court for
any judicial district, on the application of the oyster‐ground committee of any town in such judicial
district, shall appoint a committee of three disinterested persons, not residents of the town within the
boundaries of which any natural oyster, clam or mussel beds exist, to ascertain, locate and describe, by
suitable boundaries, all the natural oyster, clam or mussel beds within the boundaries of such town. The
committee so appointed shall first give three weeks' notice, by advertising in a newspaper published in
or nearest to such town, of the time and place of their first meeting for such purpose. Such committee
shall hear parties who appear before it and may take evidence from such other sources as it deems
advisable and shall make written designations by ranges, bounds and areas of all the natural oyster,
clam and mussel beds within the boundaries of such town, and shall make a report of its doings to the
superior court, which report, when accepted by said court, shall be recorded and shall be a final and
conclusive determination of the extent, boundaries and location of such natural beds at the date of
such report. The clerk of the court shall transmit to the town clerk of each of said towns a certified copy
of such report, which shall be recorded by such town clerk in the book kept by him for the record of
applications, designations and conveyances of designated grounds. Such public notice of such
application to the superior court, and of the time and place of the return of the same, shall be given by
such selectmen or oyster‐ground committee as any judge of the superior court may order. The
selectmen of the town of West Haven and the oyster committees of other towns, upon a written
request, signed by twenty electors of their respective towns, shall make such application to the superior
court within thirty days after receiving a copy of such written request, and such application shall be
privileged and shall be heard and disposed of at the term of said court to which such application is
returned. All expenses incurred by such selectmen and oyster‐ground committees in such applications,
and the doings thereunder, and the fees of such committees so appointed by the court, shall be taxed
by the clerk of said court and paid upon his order by the state. The fees of such committees shall not
exceed five dollars per day for each member thereof and shall be in full for all services, expenses and
disbursements under such appointment, and the comptroller shall keep an account of such expense
separate from that of the shellfish commission. Any designation of ground for the planting or
cultivation of shellfish, made more than five years prior to the time of the making of such application
for the appointment of such committee and within the areas so established by such report of such
committee, shall be valid.
Sec. 26‐259. Maps to be lodged in town clerk's office. The selectmen of the town of West Haven and
the committees of other towns shall, at the expense of their respective towns, procure and cause to be
lodged and kept in the office of the town clerk of each town, respectively, accurate maps showing the
boundary lines of their respective towns in the navigable waters of the state and all designations of
ground by local authorities for the cultivation of shellfish made within such boundaries, and shall
number such designations on such maps and shall cause to be designated on such maps all natural
oyster, clam and mussel beds lying within their several towns respectively, as the same are ascertained
by the report of such committees so recorded in such towns, and the committee or selectmen who
thereafter make any such designation shall mark the same upon such map.
Sec. 26‐260. Selectmen of Milford and West Haven may prohibit the taking of clams. The selectmen
of the towns of West Haven and Milford may, from time to time as they deem expedient, prohibit the
taking of long or soft‐shell clams from such portions of the natural clam grounds of their respective
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towns as they shall from time to time designate, for a period not exceeding one year at a time. When
said selectmen designate any place or places within their respective towns from which the taking of
long or soft‐shell clams is prohibited as aforesaid, the selectmen of the town of West Haven shall
publish at least twice in some newspaper published in the city of New Haven, and the selectmen of the
town of Milford shall publish at least twice in some newspaper published or having a circulation in the
town of Milford, a notice describing the grounds upon which such prohibition is operative, and shall
further describe the boundaries of such grounds by posting notices, signed by the selectmen of the
town in which such grounds are situated, upon the shore adjacent to such grounds. No person shall take
or have in his possession in either of said towns any long or soft‐shell clams of less than one and one‐
half inches in length; and no person shall take any long or soft‐shell clams from any grounds from which
the taking of the same is prohibited as aforesaid, during the time of such prohibition. Any person who
violates any provision of this section shall be fined not more than seven dollars or imprisoned not more
than thirty days or both for each offense.
Sec. 26‐261. Taking of clams from Oyster River in West Haven and Milford. Section 26‐261 is
repealed, effective October 1, 2002.
Sec. 26‐262. Taking of oysters from natural ground in Milford. Section 26‐262 is repealed.
Secs. 26‐263 to 26‐265. Taking of clams from Gulf Pond in Milford. Dredging prohibited in New
Haven harbor. Dredging in New Haven, Morris Creek and East Haven. Sections 26‐263 to 26‐265,
inclusive, are repealed, effective October 1, 2002.
Sec. 26‐266. Shellfisheries in Branford. Grants. Requirements and prohibitions of grants.
(a) The selectmen of the town of Branford or shellfish commission established in accordance with
section 26‐257a shall have charge of all the shellfisheries and shell and shellfish grounds lying in said
town not granted to others and not under the jurisdiction of the Commissioner of Agriculture, between
the center line of the Farm or East Haven River and the Guilford town line and below mean high‐water
mark, with power to issue licenses for the taking of shellfish and shells therefrom and to designate the
quantities of such shellfish and shells to be taken, the sizes of such shellfish and the methods of taking.
They shall also have power to restrict the taking of such shellfish and shells from certain designated
areas for periods not in excess of one year. The grants of all areas of shellfish grounds lying within the
boundaries of the town of Branford upon which no tax has been paid for a period of three years
preceding shall be deemed vacated and such areas shall revert to the town of Branford and become
available for further grant by the selectmen or shellfish commission of said town. Before making a
further grant, the selectmen or shellfish commission shall determine if such grounds are suitable for
public use and any part thereof so determined shall not be available for such grant. Such grant shall
require the applicant to make a good faith effort to cultivate and harvest shellfish from the designated
area. Such grant shall prohibit the applicant from entering a contract with another person wherein the
applicant agrees to not cultivate or harvest shellfish for any period of time, except upon approval by the
shellfish commission or selectmen, as applicable.
(b) Notwithstanding the provisions of subsection (a) of this section, any owner of a utility line or public
use structure that impacts a designated area shall pay to the designee or grantee the costs of removing
or relocating any shellfish. Nothing in this subsection shall be construed to prohibit the state, the
shellfish commission, the board of selectmen or any designee or grantee from recovering damages
incurred by the state, the shellfish commission, the board of selectmen, the designee or grantee caused
by the installation, construction or presence of such utility line or public use structure.
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Secs. 26‐267 to 26‐270. Branford and Farm Rivers. Branford or East Haven shores. Taking of clams
from clam flats in and adjacent to the town of Branford. Taking of oysters and claims in Westbrook.
Sections 26‐267 to 26‐270, inclusive, are repealed, effective October 1, 2002.
Secs. 26‐271 to 26‐275. Powers of Guilford and Madison selectmen. Shellfisheries in Guilford.
Restriction of powers of Guilford. Limitation of taking shellfish in Guilford and Madison. Dredging
in waters. Sections 26‐271 to 26‐275, inclusive, are repealed.
Sec. 26‐276. Hammonasset River; limitation. Except as otherwise provided, any person who, in any
one day, takes, gathers or collects more than two bushels of oysters, clams, mussels or shells, from any
portion of Hammonasset River not designated for planting shellfish, shall be fined not more than
twenty dollars or imprisoned not more than sixty days or both.
Sec. 26‐277. Clinton and Madison; special constables. The towns of Clinton and Madison may appoint,
at annual or special town meetings, two or more special constables, who may inspect and measure
shellfish and shells taken by any person in one day from the portion of the Hammonasset River over
which such constables have supervision, authority and control as provided in section 26‐278, and may
arrest, without warrant, within such portion of said river or within the town to which the officer making
the arrest belongs, any person found violating section 26‐276, or who has in his possession shellfish or
shells taken, gathered or collected by him within said limits in violation of said section. Said towns shall
respectively provide for the payment of such special constables as are appointed.
Sec. 26‐278. Jurisdiction of special constables. Such special constables and all informing officers of
either of said towns shall inquire after and prosecute any violations of sections 26‐276 and 26‐277. For
the purpose of enforcing the same, special constables, appointed as provided in section 26‐277, shall
have supervision, authority, control and jurisdiction over that part of Hammonasset River lying above a
line running across said river at the mouth of Dudley's Creek, and perpendicular to the course of the
river, and of offenses committed within said limits in the same way and to the same extent as though
such portion of said river was within the town to which such officers belong, and the officers and
authorities of the town of Clinton shall have supervision, authority, control and jurisdiction over the
remaining portion of said Hammonasset River.
Sec. 26‐279. Madison; town rights. Sections 26‐276, 26‐277 and 26‐278 shall not in any way affect the
rights of the town of Madison created by or claimed under the act establishing the line between the
towns of Guilford and Killingworth, passed in December, 1790.
Sec. 26‐280. Taking of shellfish at Saugatuck Shores in Westport. No person shall take, remove or
carry away shellfish of any kind from the shores, beaches and flats at "Saugatuck Shores", so called, in
the town of Westport, between June first and October first in each year, except under a written permit
issued by the selectmen of said town or as authorized by the shellfish commission of the town of
Westport, provided residents of the towns of Westport, Weston and Wilton may take, remove or carry
away shellfish from the shores, beaches and flats between the westerly boundary of Sherwood Island
Park and the mouth of the Saugatuck River without obtaining such a permit. Any other person desiring
to take shellfish from said shores, beaches and flats shall make application to the police department of
Westport on a form similar to that provided in connection with licenses or permits for fishing and such
police department shall issue such number of permits and to such applicants as appear suitable and
proper, and each permittee or licensee shall pay the sum of one dollar for such permit or license when
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issued to him and such license or permit, unless revoked for cause, shall continue in effect for the
balance of the calendar year in which the same is issued. Any person who takes shellfish from said
shores, beaches and flats in violation of the provisions hereof shall be fined not more than twenty‐five
dollars or imprisoned not more than thirty days or both. The provisions of this section shall not be
deemed to extend the jurisdiction of the selectmen or the shellfish commission of the town of Westport
to any shores, beaches, or flats not within the jurisdiction of such selectmen or commission on or before
October 1, 1983.
Secs. 26‐281 to 26‐283. Protection of clams and oysters in Fairfield. Taking of clams from Fairfield
Beach. Clamming restricted in Mill River in Fairfield. Sections 26‐281 to 26‐283, inclusive, are
repealed.
Sec. 26‐284. Thames River oysters; limitation. Any person who takes or carries away from the
Thames River any oyster shells or seed oysters for the purpose of planting the same upon any private
oyster bed, or who takes or carries away from said river, except from his own private bed or beds, more
than ten bushels of oysters in any one day, shall be fined not more than seven dollars or imprisoned not
more than thirty days or both.
Sec. 26‐285. Taking of oysters and clams in Old Lyme regulated. Any person who takes any clams
less than two inches in length or more than one‐half bushel of clams, or more than one‐half bushel of
oysters except from an area designated for planting oysters, in any day in the town of Old Lyme shall be
fined not more than fifty dollars or imprisoned not more than thirty days or both.
Sec. 26‐286. Taking oysters from the inland waters of East Lyme and Waterford. Any person who
takes any oysters from the inland waters of the towns of East Lyme and Waterford above the
demarcation line during the months of June, July and August shall be fined not less than seven dollars
nor more than twenty dollars or imprisoned not more than thirty days or be both fined and imprisoned.
Sec. 26‐287. Waterford‐East Lyme shellfish commission. Taking of shellfish from Niantic River.
(a) The Waterford‐East Lyme shellfish commission shall consist of four electors of each of said towns
appointed by their respective boards of selectmen. Annually such board shall appoint an elector as a
member of said commission who shall serve for a term of four years from June first in the year of his
appointment. Neither of said towns shall be represented on said commission by more than two
members of the same political party. Any vacancies that may from time to time occur shall be filled for
the balance of the unexpired term by the board of selectmen of the town which, because of such
vacancy, has one less member on said commission. Said commission may prohibit the taking of
escallops, clams and oysters from such portions of the Niantic River as it designates, for a period not
exceeding one year at a time, designate, from time to time, the manner in which said shellfish may be
taken and license such taking and, in connection therewith, adopt reasonable regulations and fix license
and permit fees. When said commission designates any place or places in said river from which the
taking of escallops, oysters and clams is to be prohibited or designates a new manner in which
escallops, clams and oysters may or may not be taken, or adopts, rescinds or amends any regulation or
license or permit fee adopted hereunder, it shall cause to be published at least twice, in a newspaper
having a circulation in each of said towns, a notice describing the place or places upon which such
prohibition is to be operative or the manner in which escallops, oysters or clams may or may not be
taken, or the regulation, license or permit fee adopted, rescinded or amended, and shall post copies of
such notices upon the shores of the river. No person shall take any escallops, oysters or clams from any
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grounds from which the taking of the same has been prohibited during the time of such prohibition nor
in any manner in violation of any such designation or regulation.
(b) No person shall, at any time, take any escallops which may pass through a two‐inch ring or more
than three bushels of escallops in any one day, provided said commission may increase the daily limit at
any time after it has been in force for thirty days.
(c) All constables and other informing officers of either of said towns shall inquire after and prosecute
for any violation of this section. For the purpose of enforcing the same, all constables in either of said
towns shall have supervision and jurisdiction over that part of the waters of the Niantic River from
Golden Spur Bridge southerly to the highway bridge at the Rope Ferry Road, so called, and all offenses
committed within said limits, in the same manner and to the same extent as though said portion of said
river was within the town within which such officials have jurisdiction.
(d) Said commission may designate special officers for the enforcement of this section whose
compensation shall be determined by the commission. All moneys collected by either the town of
Waterford or the town of East Lyme under the provisions of this section shall be paid to the commission
and used by it for the protection and propagation of escallops, oysters and clams and other shellfish in
the waters of the Niantic River.
(e) Any person who violates any provision of this section or any regulation adopted pursuant to this
section shall be fined not more than two hundred dollars or imprisoned not more than ten days or both,
and upon conviction the court may order that such person shall not be entitled to a permit or license to
take escallops, oysters and clams from the Niantic River until the beginning of the second season the
river is opened by the commission following such conviction.
Sec. 26‐288. Escallops. No person shall have in his possession any escallops other than adult escallops.
For the purpose of this section, an adult escallop is defined as an escallop having a well‐defined growth
line. All seed escallops taken shall be immediately returned alive to waters having a depth of at least
three feet at mean low tide, except that the selectmen of any town bordering on Long Island Sound
may, on application, authorize such escallops to be removed and transplanted in waters along the
sound. No person shall take any escallops from the first day of April to the first day of October or from
sunset to sunrise, except that in the waters of Little Narragansett Bay no person shall take any escallops
from the first day of April to the fifteenth day of September or from sunset to sunrise. No person shall
use any rake, dredge, drag or other device which may be drawn along the surface of the bottom, except
a device such as a scoop net which is attached to a pole and has an opening not more than sixteen
inches wide and is used manually by the person engaged in taking escallops. No person shall open and
return to the water the shell and entrails of any escallops after the eye or muscle has been removed, nor
shall any starfish taken from the waters be returned thereto. Any person who violates any provision of
this section shall be fined not more than fifty dollars or imprisoned not more than sixty days or both.
Sec. 26‐289. Dredging for escallops in Little Narragansett Bay or Stonington Harbor. Section 26‐289
is repealed.
Sec. 26‐290. Taking of escallops in Groton. The town council of Groton may prohibit the taking of
escallops from such portions of the waters of said town as they designate, for a period not exceeding
one year at a time, and may designate the daily take of escallops from said waters not to exceed fifteen
bushels per person or fifteen bushels per boat if more than one person is carried on said boat. When the
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council designates any place or places in said waters from which such taking is prohibited, they shall
cause to be published, at least twice in a newspaper having a circulation in said town and at least ten
days before such prohibition takes effect, a notice describing the place or places upon which and the
period for which such prohibition is to be operative, and shall post copies of such notices, signed by the
council, upon the shores adjacent to such places. No person shall, at any time, take escallops from said
waters without having first obtained a permit issued by the council or any persons designated by it.
Permits shall be issued for the taking of any amount up to the daily limit upon application and the
payment of fifteen cents per bushel and shall be dated as of the day of issue or such other day during
the open season as the applicant may designate. Permits shall be valid only for the day designated
thereon. A season permit shall be issued by the council upon application and the payment of ten dollars
and shall allow the taking of the daily limit for each day of the open season. The council shall designate
special officers for the enforcement of this section, who shall receive compensation on a per diem basis.
All moneys collected under the provisions of this section shall be used by the council for the protection,
conservation and propagation of escallops and other shellfish in the town waters. Any person who
violates any provision of this section shall be fined not more than fifty dollars or imprisoned not more
than sixty days or be both fined and imprisoned and the court may order that a permit shall not be
issued to such person to take escallops in the waters of the town of Groton for the remainder of the
open season.
Sec. 26‐291. Taking of oysters and clams in Stonington. Section 26‐291 is repealed.
Sec. 26‐291a. Taking of clams and oysters in Stonington.
(a) The board of selectmen in the town of Stonington may prohibit the taking of clams and oysters from
such portions of the town waters as it designates from time to time, for a period not exceeding one year
at a time, and may designate the manner in which clams and oysters may be taken and the size and the
amount and may provide for licenses for such taking and, in connection therewith, adopt reasonable
regulations and fix license and permit fees. When said board designates any place or places in said town
waters from which the taking of oysters and clams is to be prohibited or designates a changed manner
in which clams and oysters may or may not be taken, or adopts, rescinds or amends any regulation or
license or permit fee, it shall cause to be published, in a newspaper having a circulation in said town, a
notice describing the place or places upon which such prohibition is to be operative or the manner in
which oysters or clams may or may not be taken, or the regulation, license or permit fee adopted,
rescinded or amended, and shall post copies of such notices upon the shores of the town waters. No
person shall take any oysters or clams from any grounds from which the taking of the same has been
prohibited during the time of such prohibition nor in any manner in violation of any such designation or
regulation.
(b) Said board of selectmen may designate special officers for the enforcement of this section, whose
compensation shall be determined by the board of selectmen. All moneys collected under the
provisions of this section shall be paid to the board of selectmen and used by it for protection and
propagation of escallops, oysters and clams and other shellfish in the waters of the town of Stonington.
(c) Any person who violates any provision of this section or any regulation adopted pursuant to this
section shall be fined not more than twenty‐five dollars or imprisoned not more than thirty days or
both, and upon conviction the court may order that a permit shall not be issued to such person to take
clams or oysters from the waters of the town of Stonington for one year.
Sec. 26‐292. Taking of escallops in the waters of Stonington. The board of selectmen of the town of
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Stonington may prohibit the taking of escallops from such portions of the waters of said town as they
designate, for a period not exceeding one year at a time, and may designate the daily take of escallops
from said waters not to exceed fifteen bushels per person or fifteen bushels per boat if more than one
person is carried on such boat. When said selectmen designate any place or places in said waters from
which such taking is prohibited, they shall cause to be published, at least twice in a newspaper having a
circulation in said town and at least ten days before such prohibition takes effect, a notice describing
the place or places upon which and the period for which such prohibition is to be operative and shall
post copies of such notices, signed by said selectmen, upon the shores adjacent to such places. No
person shall, at any time, take escallops from said waters without having first obtained a permit issued
by the selectmen or any persons designated by them. Permits shall be issued for the taking of any
amount up to the daily limit upon application and the payment of a fee per bushel established by the
selectmen but not more than six dollars and shall be dated as of the day of issue or such other day
during the open season as the applicant may designate. Permits shall be valid only for the day
designated thereon. A season permit shall be issued by the selectmen upon application and the
payment of a fee established by the selectmen but not more than sixty dollars and shall allow the taking
of the daily limit for each day of the open season. The selectmen shall designate special officers for the
enforcement of this section, who shall receive compensation on a per diem basis. All moneys collected
under the provisions of this section shall be used by the selectmen for the protection, conservation and
propagation of escallops and other shellfish in the town waters. Any person who violates any provision
of this section shall be fined not more than fifty dollars or imprisoned not more than sixty days or be
both fined and imprisoned and the court may order that a permit shall not be issued to such person to
take escallops in the waters of the town of Stonington for the remainder of the open season.
Sec. 26‐292a. Cockenoe Flats shellfish grounds, Westport. Jurisdiction. Recreational clamming
permits. Jurisdiction of shellfish grounds known as Cockenoe Flats in the town of Westport shall be
transferred from the state of Connecticut to the town of Westport and the Westport Shellfish
Commission shall have jurisdiction over recreational clamming in said shellfish grounds and the ability
to issue recreational clamming permits for the use of said grounds by all state residents.
Sec. 26‐293. Prosecutions. Section 26‐293 is repealed.
Sec. 26‐294. Penalty. Any person who violates any provision of this chapter, for which no penalty is
otherwise provided, shall be fined not more than twenty‐five dollars.
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APPENDIX F. Aquaculture and Coastal Regulation Statutes
85
Aquaculture and Coastal Regulation Statutes
‐Table of Contents‐
Sec. 22‐11c. Aquaculture development: Definitions.
Sec. 22‐11d. Aquaculture development: Lead agency.
Sec. 22‐11e. Interagency Aquaculture Coordinating Committee.
Sec. 22‐11f. Licensing of aquaculture operation. Regulations. Control of importation and
cultivation of nonnative plants or animals.
Sec. 22‐11g. Releases from aquaculture systems.
Sec. 22‐11h. Permits for aquaculture operations. Exemptions from environmental protection
programs. General permits.
Sec. 22a‐28. Preservation of tidal wetlands. Declaration of policy. (Formerly Sec. 22‐7h).
Sec. 22a‐29. Definitions. (Formerly Sec. 22‐7i).
Sec. 22a‐30. Inventory and inspection of tidal wetlands. Regulations. (Formerly Sec. 22‐7j).
Sec. 22a‐31. Hearing officers. (Formerly Sec. 22‐7k).
Sec. 22a‐32. Regulated activity permit. Application. Hearing. Waiver of hearing. (Formerly
Sec. 22‐7l).
Sec. 22a‐33. Issuance or denial of permit. (Formerly Sec. 22‐7m).
Sec. 22a‐34. Appeal. (Formerly Sec. 22‐7n).
Sec. 22a‐35. Penalty. (Formerly Sec. 22‐7o).
Sec. 22a‐90. Short title: Coastal Management Act.
Sec. 22a‐91. Legislative findings.
Sec. 22a‐92. Legislative goals and policies.
Sec. 22a‐93. Definitions.
Sec. 22a‐94. Coastal area; coastal boundary. Commissioner to prepare maps.
Sec. 22a‐95. Duties of commissioner. Model municipal coastal program.
Sec. 22a‐96. Commissioner authorized to enter into agreements; designated as representative
of state.
Sec. 22a‐97. Duties of the commissioner. Technical, coordinating and research services.
Supervision. Annual report.
Sec. 22a‐98. Commissioner to coordinate regulatory programs.
Sec. 22a‐99. Testimony by coastal municipality on permits and licenses. Appeal from decision
of the commissioner.
Sec. 22a‐100. State plans and actions to be consistent with this chapter.
Sec. 22a‐101. Municipal coastal programs.
Sec. 22a‐102. Municipal plan of development. Proposed municipal land use regulations.
Sec. 22a‐103. Municipal zoning regulations. Criteria and process for revision.
Sec. 22a‐104. Implementation of municipal coastal program. Amendments.
Sec. 22a‐105. Coastal site plan reviews.
Sec. 22a‐106. Criteria and process for action on coastal site plans.
Sec. 22a‐107. Bond as a condition to coastal site plan approval.
Sec. 22a‐108. Violations.
Sec. 22a‐109. Coastal site plans. Review.
Sec. 22a‐110. Testimony by commissioner on municipal actions. Appeals.
Sec. 22a‐111. Connecticut River Gateway Committee. Consistency.
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Sec. 22a‐112. Financial assistance. Grants to municipalities. Contracts or grant agreements
concerning coastal management.
Sec. 22a‐359. Regulation of dredging and erection of structures and placement of fill in tidal,
coastal or navigable waters. Sunken or grounded vessels. (Formerly Sec. 25‐7b).
Sec. 22a‐360. Establishment of boundaries. (Formerly Sec. 25‐7c).
Sec. 22a‐361. Permit for dredging or erection of structures, placement of fill or mooring areas.
Regulations. General permits. Removal of sand and gravel. Fee. (Formerly Sec.
25‐7d).
Sec. 22a‐361a. Civil penalty.
Sec. 22a‐362. Violations as public nuisance. (Formerly Sec. 25‐7e).
Sec. 22a‐363. Penalty for violation. (Formerly Sec. 25‐7f).
Sec. 22a‐363a. Definitions.
Sec. 22a‐363b. Activities eligible for certificate of permission. Exemptions. Issuance of
certificate. Failure of commissioner to respond.
Sec. 22a‐363c. Application fee.
Sec. 22a‐363d. Emergency authorization. Expiration.
Sec. 22a‐363e. Failure to comply with order. Littoral owner as responsible party.
Sec. 22a‐363f. Cease and desist orders. Hearing. Decision.
Sec. 22a‐416. Pollution of waterways. Qualifications of operators. Delegation of authority.
(Formerly Sec. 25‐26).
Sec. 22a‐417. Discharge of sewage into tributaries of water supply impoundments or Salmon
River. (Formerly Sec. 25‐26a).
Sec. 22a‐418. Complaints concerning pollution of waters; investigation; orders.
Secs. 22a‐419 Reserved. (Formerly Sec. 25‐27).
to 22a‐421.
Sec. 22a‐422. Declaration of policy. (Formerly Sec. 25‐54a).
Sec. 22a‐423. Definitions. (Formerly Sec. 25‐54b).
Sec. 22a‐424. Powers and duties of commissioner. (Formerly Sec. 25‐54c).
Sec. 22a‐425. Records. (Formerly Sec. 25‐54d).
Sec. 22a‐426. Standards of water quality. (Formerly Sec. 25‐54e).
Sec. 22a‐427. Pollution or discharge of wastes prohibited. (Formerly Sec. 25‐54f).
Sec. 22a‐428. Orders to municipalities to abate pollution. (Formerly Sec. 25‐54g).
Sec. 22a‐429. Order to person to abate pollution. (Formerly Sec. 25‐54h).
Sec. 22a‐430. Permit for new discharge. Regulations. Renewal. Special category permits or
approvals. Limited delegation. General permits. (Formerly Sec. 25‐54i).
Sec. 22a‐430a. Delegation of authority to issue certain permits to municipal water pollution
control authorities.
Sec. 22a‐430b. General permits. Regulations.
Sec. 22a‐430c. Annual inventory of persons and municipalities in significant noncompliance.
Sec. 22a‐431. Periodic investigation of discharges. Order to abate or submit information.
(Formerly Sec. 25‐54j).
Sec. 22a‐432. Order to correct potential sources of pollution. (Formerly Sec. 25‐54k).
Sec. 22a‐433. Order to landowner. (Formerly Sec. 25‐54l).
Sec. 22a‐434. Filing of order on land records. (Formerly Sec. 25‐54m).
Sec. 22a‐434a. Notice of contaminated wells; abatement of contamination or abandonment of
well to be on land records.
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Sec. 22a‐435. Injunction. (Formerly Sec. 25‐54n).
Sec. 22a‐436. Hearing on order to abate. (Formerly Sec. 25‐54o).
Sec. 22a‐437. Appeal. (Formerly Sec. 25‐54p).
Sec. 22a‐438. Forfeiture for violations. Penalties. (Formerly Sec. 25‐54q).
Sec. 22a‐439. State grant for sewers and pollution abatement facilities. Commissioner to adopt
regulations. (Formerly Sec. 25‐54r).
Sec. 26‐55. Permit for importing, possessing or liberating fish, wild birds, wild mammals,
reptiles, amphibians and invertebrates.
Sec. 26‐57. Permits for transportation and exportation of fish, birds, mammals, reptiles,
amphibians and invertebrates.
Sec. 26‐157a. Lobster management program.
Sec. 45a‐322. Death of owner of real property or oyster grounds to be recorded. Penalty.
(Formerly Sec. 45‐254).
Sec. 45a‐323. Oyster grounds as personal property. (Formerly Sec. 45‐255)
Statutes
Sec. 22‐11c. Aquaculture development: Definitions.
(a) As used in sections 22‐11d to 22‐11f, inclusive, "aquaculture" means the controlled rearing,
cultivation and harvest of aquatic plants and animals in land‐based and marine‐based culture systems,
tanks, containers, impoundments, floating or submerged nets or pens and ponds.
(b) For purposes of this chapter "agriculture", as defined in subsection (q) of section 1‐1, shall include
aquaculture.
Sec. 22‐11d. Aquaculture development: Lead agency. The Department of Agriculture shall be the lead
agency for aquaculture development in this state. The department shall: (1) Coordinate the activities of
other state agencies with regard to aquaculture; (2) act as a liaison between local and federal officials
on matters related to aquaculture; (3) serve as a liaison between government and the aquaculture
industry.
Sec. 22‐11e. Interagency Aquaculture Coordinating Committee.
(a) There shall be an Interagency Aquaculture Coordinating Committee comprised of the Departments
of Agriculture, Environmental Protection, and Economic and Community Development to provide for
the development and enhancement of aquaculture in this state. The Commissioner of Agriculture shall
serve as chairperson of said committee and shall convene the committee as often as he deems
necessary.
(b) On or before October 1, 1995, the Interagency Aquaculture Coordinating Committee shall develop a
comprehensive strategy for the development of aquaculture in this state.
Sec. 22‐11f. Licensing of aquaculture operation. Regulations. Control of importation and cultivation
of nonnative plants or animals. The Department of Agriculture, after consultation with the
Department of Environmental Protection, shall adopt regulations, in accordance with the provisions of
chapter 54, concerning the licensing of aquaculture facilities and operations other than any such
facilities or operations of the Department of Environmental Protection. Such regulations shall establish
a program to control the importation, cultivation or raising of aquatic plants or animals which are not
native to this state. Such regulations shall ensure that any such importation or cultivation shall not
adversely contaminate or impact native aquatic plants or animals or their natural habitats and shall
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further provide that aquaculture operations shall not adversely contaminate or impact wild stocks of
aquatic plants and animals or their natural habitats and shall include measures to identify products of
aquaculture operations. Aquatic plants and animals held at inland aquaculture facilities shall be exempt
from laws and regulations pertaining to wild stocks, including, but not limited to, chapter 495.
Sec. 22‐11g. Releases from aquaculture systems. No person may release water, plants, animals or
other material from any land‐based or marine‐based aquaculture systems, including, but not limited to,
tanks, containers, impoundments or ponds, unless such person first provides notice to the
Commissioner of Agriculture, on a form prescribed by said commissioner, regarding the nature of the
substances to be released. The commissioner may issue an order to discontinue or abate such release if
the commissioner finds that such release poses a significant threat to the aquacultural resources of the
state. This section shall not apply to any aquacultural systems operated by the Department of
Environmental Protection.
Sec. 22‐11h. Permits for aquaculture operations. Exemptions from environmental protection
programs. General permits.
(a) The Department of Agriculture shall have exclusive authority for granting or denying aquaculture
permits, except for matters specifically concerning water discharges from such aquaculture operations
into the waters of the state, which shall require approval by the Department of Environmental
Protection as provided in section 22a‐430. The department shall not consider discharges from
aquaculture operations to be industrial discharges and shall treat and administer applications and
permits from aquaculture operations as separate and distinct from permits for industrial discharges for
the purposes of section 22a‐430. Within ninety days of receipt of a sufficient application for a discharge
permit for an aquaculture operation under section 22a‐430 the Commissioner of Environmental
Protection, or a designee, shall meet with the applicant and the Commissioner of Agriculture, or a
designee, to discuss such application.
(b) Aquaculture operations that withdraw less than two hundred fifty thousand gallons per day of
water, where such water is not approved for human consumption, and where water so withdrawn is
returned to the same source from which it was withdrawn, shall be deemed not to be a diversion as
defined in section 22a‐367 and shall be exempt from the water diversion permitting requirements of
chapter 446i.
(c) Individual structures used for aquaculture as defined in section 22‐11c, including, but not limited to,
racks, cages or bags, as well as buoys marking such structures, which do not otherwise require a permit
under federal Army Corps of Engineers regulations and do not interfere with navigation in designated
or customary boating or shipping lanes and channels, shall be placed in leased or designated shellfish
areas and shall be exempt from the requirements of sections 22a‐359 to 22a‐363f, inclusive.
(d) Transport of live aquaculture products from any licensed and approved aquaculture operation or
hatchery within the state, and stocking of such products in the waters of the state, where such
aquaculture products are species which are indigenous to the state and are approved for stocking by
the Department of Agriculture, shall be exempt from the requirements of section 26‐57, except that
any person engaging in such transport and stocking shall obtain a renewable annual transport permit
which shall govern all shipments for a calendar year designated under such permit. Such permit shall be
developed and administered by the Department of Environmental Protection. Aquaculture hatcheries
maintained by the Department of Environmental Protection shall be exempt from the provisions of this
subsection.
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(e) All shellfish aquaculture operations that utilize state‐approved microalgal cultured feeds or which do
not use any processed cultured feed, and all crustacean and molluscan bivalve growing, hatchery and
holding facilities, including, but not limited to, lobster pounds, which are not exempt from
requirements to obtain a discharge permit under section 22a‐430 or corresponding federal regulations,
may operate under a general permit developed by the Department of Environmental Protection and
shall not be required to obtain individual discharge permits under section 22a‐430. On or before
September 15, 1999, said Department of Environmental Protection shall adopt and implement such
general permit.
Sec. 22a‐28. (Formerly Sec. 22‐7h). Preservation of tidal wetlands. Declaration of policy. It is
declared that much of the wetlands of this state has been lost or despoiled by unregulated dredging,
dumping, filling and like activities and that the remaining wetlands of this state are all in jeopardy of
being lost or despoiled by these and other activities, that such loss or despoliation will adversely affect,
if not entirely eliminate, the value of such wetlands as sources of nutrients to finfish, crustacea and
shellfish of significant economic value; that such loss or despoliation will destroy such wetlands as
habitats for plants and animals of significant economic value and will eliminate or substantially reduce
marine commerce, recreation and aesthetic enjoyment; and that such loss or despoliation will, in most
cases, disturb the natural ability of tidal wetlands to reduce flood damage and adversely affect the
public health and welfare; that such loss or despoliation will substantially reduce the capacity of such
wetlands to absorb silt and will thus result in the increased silting of channels and harbor areas to the
detriment of free navigation. Therefore, it is declared to be the public policy of this state to preserve the
wetlands and to prevent the despoliation and destruction thereof.
Sec. 22a‐29. (Formerly Sec. 22‐7i). Definitions. The following words and phrases, as used in sections
22a‐28 to 22a‐35, inclusive, shall have the following meanings:
(1) "Commissioner" means the Commissioner of Environmental Protection;
(2) "Wetland" means those areas which border on or lie beneath tidal waters, such as, but not limited
to banks, bogs, salt marsh, swamps, meadows, flats, or other low lands subject to tidal action, including
those areas now or formerly connected to tidal waters, and whose surface is at or below an elevation of
one foot above local extreme high water; and upon which may grow or be capable of growing some,
but not necessarily all, of the following: Salt meadow grass (Spartina patens), spike grass (Distichlis
spicata), black grass (Juncus gerardi), saltmarsh grass (Spartina alterniflora), saltworts (Salicornia
Europaea, and Salicornia bigelovii), sea lavender (Limonium carolinianum), saltmarsh bulrushes
(Scirpus robustus and Scirpus paludosus var. atlanticus), sand spurrey (Spergularia marina), switch
grass (Panicum virgatum), tall cordgrass (Spartina pectinata), high‐tide bush (Iva frutescens var. oraria),
cattails (Typha angustifolia, and Typha latifolia), spike rush (Eleocharis rostellata), chairmaker's rush
(Scirpus americana), bent grass (Agrostis palustris), and sweet grass (Hierochloe odorata), royal fern
(Osmunda regalis), interrupted fern (Osmunda claytoniana), cinnamon fern (Osmunda cinnamomea),
sensitive fern (Onoclea sensibilis), marsh fern (Dryopteris thelypteris), bur‐reed family (Sparganium
eurycarpum, Sparganium androcladum, Sparganium americanum, Sparganium chlorocarpum,
Sparganium angustifolium, Sparganium fluctuans, Sparganium minimum), horned pondweed
(Zannichellia palustris), water‐plantain (Alisma triviale), arrowhead (Sagittaria subulata, Sagittaria
graminea, Sagittaria eatoni, Sagittaria engelmanniania), wild rice (Zizania aquatica), tuckahoe
(Peltandra virginica), water‐arum (Calla palustris), skunk cabbage (Symplocarpus foetidus), sweet flag
(Acorus calamus), pickerelweed (Pontederia cordata), water stargrass (Heteranthera dubia), soft rush
(Juncus effusus), false hellebore (Veratrum viride), slender blue flag (Iris prismatica pursh), blue flag (Iris
versicolor), yellow iris (Iris pseudacorus), lizard's tail (Saururus cernuus), speckled alder (Alnus rugosa),
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common alder (Alnus serrulata), arrow‐leaved tearthumb (Polygonum sagittatum), halberd‐leaved
tearthumb (Polygonum arifolium), spatter‐dock (Nuphar variegatum nuphar advena), marsh marigold
(Caltha palustris), swamp rose (Rosa palustris), poison ivy (Rhus radicans), poison sumac (Rhus vernix),
red maple (Acer rubrum), jewelweed (Impatiens capensis), marshmallow (Hibiscus palustris), loosestrife
(Lythrum alatum, lythrum salicaria), red osier (Cornus stolonifera), red willow (Cornus amomum), silky
dogwood (Cornus obliqua), sweet pepper‐bush (Clethra alnifolia), swamp honeysuckle (Rhododendron
viscosum), high‐bush blueberry (Vaccinium corymbosum), cranberry (Vaccinium macrocarpon), sea
lavender (Limonium nashii), climbing hemp‐weed (Mikania scandens), joe pye weed (Eupatorium
purpureum), joe pye weed (Eupatorium maculatum), thoroughwort (Eupatorium perfoliatum);
(3) "Regulated activity" means any of the following: Draining, dredging, excavation, or removal of
soil, mud, sand, gravel, aggregate of any kind or rubbish from any wetland or the dumping, filling or
depositing thereon of any soil, stones, sand, gravel, mud, aggregate of any kind, rubbish or similar
material, either directly or otherwise, and the erection of structures, driving of pilings, or placing of
obstructions, whether or not changing the tidal ebb and flow. Notwithstanding the foregoing,
"regulated activity" shall not include activities conducted by, or under the authority of, the Department
of Environmental Protection for the purposes of mosquito control, conservation activities of the state
Department of Environmental Protection, the construction or maintenance of aids to navigation which
are authorized by governmental authority and the emergency decrees of any duly appointed health
officer of a municipality acting to protect the public health;
(4) "Person" means any corporation, limited liability company, association or partnership, one or
more individuals, and any unit of government or agency thereof.
Sec. 22a‐30. (Formerly Sec. 22‐7j). Inventory and inspection of tidal wetlands. Regulations.
(a) The commissioner or his authorized representative shall have the right to enter upon any public or
private property at reasonable times to carry out the provisions of sections 22a‐28 to 22a‐35, inclusive.
The commissioner may make an inventory of all tidal wetlands within the state. The boundaries of such
wetlands shall be shown on suitable reproductions or aerial photographs to a scale of one inch equals
two hundred feet with such accuracy that they will represent a class D survey. Such lines shall generally
define the areas that are at or below an elevation of one foot above local extreme high water. Such
maps shall be prepared to cover entire subdivisions of the state as determined by the commissioner.
Upon completion of the tidal wetlands boundary maps for each subdivision, the commissioner shall
hold a public hearing. The commissioner shall give notice of such hearing to each owner of record of all
lands designated as such wetland as shown on such maps by certified mail, return receipt requested,
not less than thirty days prior to the date set for such hearing. The commissioner shall also cause notice
of such hearing to be published at least once not more than thirty days and not fewer than ten days
before the date set for such hearing in a newspaper or newspapers having a general circulation in the
town or towns where such wetlands are located. After considering the testimony given at such hearing
and any other facts which may be deemed pertinent and after considering the rights of affected
property owners and the purposes of sections 22a‐28 to 22a‐35, inclusive, the commissioner shall
establish by order the bounds of each of such wetlands. A copy of the order, together with a copy of the
map depicting such boundary lines, shall be filed in the town clerk's office of all towns affected. The
commissioner shall give notice of such order to each owner of record of all lands designated as such
wetlands by mailing a copy of such order to such owner by certified mail, return receipt requested. The
commissioner shall also cause a copy of such order to be published in a newspaper or newspapers
having a general circulation in the town or towns where such wetlands are located. Any person
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aggrieved by such order may appeal therefrom in accordance with the provisions of section 4‐183,
except venue for such appeal shall be in the judicial district of New Britain.
(b) The commissioner may periodically inspect the wetlands of the state to determine the necessity for
revision or correction of such tidal wetlands boundary maps. If the commissioner finds that wetland
areas have been omitted from such maps or uplands have been included within designated wetland
boundaries or finds that the natural processes of accretion, reliction, subsidence and erosion have
rendered such maps inaccurate he may revise such wetland boundary maps in accordance with the
provisions of subsection (a) of this section. Notwithstanding the provisions of subsection (a) and this
subsection, any regulated activities conducted upon any wetlands, whether or not such wetlands have
been mapped, shall be subject to the provisions of sections 22a‐32 to 22a‐35, inclusive.
(c) The commissioner shall adopt, in accordance with the provisions of chapter 54, such regulations as
said commissioner deems necessary to carry out the provisions of sections 22a‐28 to 22a‐35, inclusive,
and, as applicable, sections 22a‐90 to 22a‐96, inclusive. Such regulations shall be consistent with the
provisions of the federal Coastal Zone Management Act (P.L. 92‐583) and the federal regulations
adopted thereunder that pertain to tidal wetlands. Such regulations shall be for the purpose of
qualifying the state and its municipalities for available federal grants pursuant to said (P.L. 92‐583) and
for the purpose of permit coordination with other state and federal programs affecting the tidal
wetlands of the state. Such regulations shall establish criteria for granting, denying, or limiting permits
giving due regard to the impacts of regulated activities on the wetlands of the state, adjoining coastal
and tidal resources, navigation, recreation, erosion, sedimentation, water quality and circulation,
fisheries, shellfisheries, wildlife, flooding and other natural disasters and water‐dependent use
opportunities as defined in chapter 444. The commissioner may also adopt, in accordance with the
provisions of chapter 54, regulations which set forth informational material describing general
categories of regulated activities for the purpose of providing permit applicants with more explicit
understanding, provided such informational materials shall be consistent with and shall not increase
the discretion granted to the commissioner under the policies, standards and criteria contained in
sections 22a‐28 and 22a‐33 and, as applicable, section 22a‐92.
Sec. 22a‐31. (Formerly Sec. 22‐7k). Hearing officers. The commissioner shall appoint such hearing
officers as may be necessary to carry out the purposes of sections 22a‐28 to 22a‐35, inclusive.
Sec. 22a‐32. (Formerly Sec. 22‐7l). Regulated activity permit. Application. Hearing. Waiver of
hearing. No regulated activity shall be conducted upon any wetland without a permit. Any person
proposing to conduct or cause to be conducted a regulated activity upon any wetland shall file an
application for a permit with the commissioner, in such form and with such information as the
commissioner may prescribe. Such application shall include a detailed description of the proposed work
and a map showing the area of wetland directly affected, with the location of the proposed work
thereon, together with the names of the owners of record of adjacent land and known claimants of
water rights in or adjacent to the wetland of whom the applicant has notice. The commissioner shall
cause a copy of such application to be mailed to the chief administrative officer in the town or towns
where the proposed work, or any part thereof, is located, and the chairman of the conservation
commission and shellfish commission of the town or towns where the proposed work, or any part
thereof, is located. No sooner than thirty days and not later than sixty days after the receipt of such
application, the commissioner or his duly designated hearing officer shall hold a public hearing on such
application, provided, whenever the commissioner determines that the regulated activity for which a
permit is sought is not likely to have a significant impact on the wetland, he may waive the requirement
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for public hearing after publishing notice, in a newspaper having general circulation in each town
wherever the proposed work or any part thereof is located, of his intent to waive said requirement and
of his tentative decision regarding the application, except that the commissioner shall hold a hearing on
such application upon receipt of a petition, signed by at least twenty‐five persons, requesting such a
hearing. The following shall be notified of the hearing by mail not less than fifteen days prior to the date
set for the hearing: All of those persons and agencies who are entitled to receive a copy of such
application in accordance with the terms hereof and all owners of record of adjacent land and known
claimants to water rights in or adjacent to the wetland of whom the applicant has notice. The
commissioner shall cause notice of his tentative decision regarding the application and such hearing to
be published at least once not more than thirty days and not fewer than ten days before the date set for
the hearing in the newspaper having a general circulation in each town where the proposed work, or
any part thereof, is located. All applications and maps and documents relating thereto shall be open for
public inspection at the office of the commissioner. At such hearing any person or persons may appear
and be heard.
Sec. 22a‐33. (Formerly Sec. 22‐7m). Issuance or denial of permit. In granting, denying or limiting any
permit the commissioner or his duly designated hearing officer shall consider the effect of the proposed
work with reference to the public health and welfare, marine fisheries, shellfisheries, wildlife, the
protection of life and property from flood, hurricane and other natural disasters, and the public policy
set forth in sections 22a‐28 to 22a‐35, inclusive. The fact that the Department of Environmental
Protection is in the process of acquisition of any tidal wetlands by negotiation or condemnation under
the provisions of section 26‐17a, shall be sufficient basis for denial of any permit. In granting a permit
the commissioner may limit or impose conditions or limitations designed to carry out the public policy
set forth in sections 22a‐28 to 22a‐35, inclusive. The commissioner may require a bond in an amount
and with surety and conditions satisfactory to him securing to the state compliance with the conditions
and limitations set forth in the permit. The commissioner may suspend or revoke a permit if the
commissioner finds that the applicant has not complied with any of the conditions or limitations set
forth in the permit or has exceeded the scope of the work as set forth in the application. The
commissioner may suspend a permit if the applicant fails to comply with the terms and conditions set
forth in the application.
Sec. 22a‐34. (Formerly Sec. 22‐7n). Appeal.
(a) An appeal may be taken by the applicant or any person or corporation, municipal corporation or
interested community group other than the applicant who has been aggrieved by such order from the
denial, suspension or revocation of a permit or the issuance of a permit or conditional permit within
thirty days after publication of such issuance, denial, suspension or revocation of any such permit to the
superior court for the judicial district of New Britain. If the court finds that the action appealed from is
an unreasonable exercise of the police power, it may set aside the order. If the court so finds that the
action appealed from constitutes the equivalent of a taking without compensation, and the land so
regulated otherwise meets the interests and objectives of sections 22a‐28 to 22a‐35, inclusive, it may at
the election of the commissioner (1) set aside the order or (2) proceed under the provisions of sections
48‐12 to 48‐14, inclusive, to award damages.
(b) Such appeal shall be brought in accordance with the provisions of section 4‐183, except that venue
for such appeal shall be in the judicial district of New Britain. Such appeal shall have precedence in the
order of trial. The proceedings of the court in the appeal may be stayed by agreement of the parties
when a mediation conducted pursuant to section 8‐8a commences. Any such stay shall terminate upon
conclusion of the mediation.
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(c) When the persons who should otherwise be made parties to such appeal are so numerous that it
would be impracticable or unreasonably expensive to make them all parties by personal service, the
court to which such appeal is taken, or, if said court is not in session, any judge of said court, may order
notice of such appeal to be given, by some method other than by personal service, to such of the
parties as said court or such judge deems just and equitable, and notice so given shall operate to bind
the interests of such parties on such appeal as fully as if personal service had been made upon such
parties.
Sec. 22a‐35. (Formerly Sec. 22‐7o). Penalty. Any person who knowingly violates any provision of
sections 22a‐28 to 22a‐35, inclusive, shall be liable to the state for the cost of restoration of the affected
wetland to its condition prior to such violation insofar as that is possible, and shall forfeit to the state a
sum not to exceed one thousand dollars, to be fixed by the court, for each offense. Each violation shall
be a separate and distinct offense, and, in the case of a continuing violation, each day's continuance
thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of
the commissioner, shall institute a civil action to recover such forfeiture. The Superior Court shall have
jurisdiction in equity to restrain a continuing violation of said sections at the suit of any person or
agency of state or municipal government.
Sec. 22a‐90. Short title: Coastal Management Act. Sections 22a‐90 to 22a‐112, inclusive, shall be
known and may be cited as the "Coastal Management Act".
Sec. 22a‐91. Legislative findings. The General Assembly finds that:
(1) The waters of Long Island Sound and its coastal resources, including tidal rivers, streams and
creeks, wetlands and marshes, intertidal mudflats, beaches and dunes, bluffs and headlands, islands,
rocky shorefronts, and adjacent shorelands form an integrated natural estuarine ecosystem which is
both unique and fragile;
(2) Development of Connecticut's coastal area has been extensive and has had a significant impact
on Long Island Sound and its coastal resources;
(3) The coastal area represents an asset of great present and potential value to the economic well‐
being of the state, and there is a state interest in the effective management, beneficial use, protection
and development of the coastal area;
(4) The waterfront of Connecticut's major urban ports is underutilized and many existing urban
waterfront uses are not directly dependent on proximity to coastal waters;
(5) The coastal area is rich in a variety of natural, economic, recreational, cultural and aesthetic
resources, but the full realization of their value can be achieved only by encouraging further
development in suitable areas and by protecting those areas unsuited to development;
(6) The key to improved public management of Connecticut's coastal area is coordination at all levels
of government and consideration by municipalities of the impact of development on both coastal
resources and future water‐dependent development opportunities when preparing plans and
regulations and reviewing municipal and private development proposals; and
(7) Unplanned population growth and economic development in the coastal area have caused the
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loss of living marine resources, wildlife and nutrient‐rich areas, and have endangered other vital
ecological systems and scarce resources.
Sec. 22a‐92. Legislative goals and policies.
(a) The following general goals and policies are established by this chapter:
(1) To insure that the development, preservation or use of the land and water resources of the
coastal area proceeds in a manner consistent with the capability of the land and water resources to
support development, preservation or use without significantly disrupting either the natural
environment or sound economic growth;
(2) To preserve and enhance coastal resources in accordance with the policies established by
chapters 439, 440, 446i, 446k, 447, 474 and 477;
(3) To give high priority and preference to uses and facilities which are dependent upon proximity to
the water or the shorelands immediately adjacent to marine and tidal waters;
(4) To resolve conflicts between competing uses on the shorelands adjacent to marine and tidal
waters by giving preference to uses that minimize adverse impacts on natural coastal resources while
providing long term and stable economic benefits;
(5) To consider in the planning process the potential impact of coastal flooding and erosion patterns
on coastal development so as to minimize damage to and destruction of life and property and reduce
the necessity of public expenditure to protect future development from such hazards;
(6) To encourage public access to the waters of Long Island Sound by expansion, development and
effective utilization of state‐owned recreational facilities within the coastal area that are consistent
with sound resource conservation procedures and constitutionally protected rights of private property
owners;
(7) To conduct, sponsor and assist research in coastal matters to improve the data base upon which
coastal land and water use decisions are made;
(8) To coordinate the activities of public agencies to insure that state expenditures enhance
development while affording maximum protection to natural coastal resources and processes in a
manner consistent with the state plan for conservation and development adopted pursuant to part I of
chapter 297;
(9) To coordinate planning and regulatory activities of public agencies at all levels of government to
insure maximum protection of coastal resources while minimizing conflicts and disruption of economic
development; and
(10) To insure that the state and the coastal municipalities provide adequate planning for facilities
and resources which are in the national interest as defined in section 22a‐93 and to insure that any
restrictions or exclusions of such facilities or uses are reasonable. Reasonable grounds for the restriction
or exclusion of a facility or use in the national interest shall include a finding that such a facility or use:
(A) May reasonably be sited outside the coastal boundary; (B) fails to meet any applicable federal and
state environmental, health or safety standard or (C) unreasonably restricts physical or visual access to
coastal waters. This policy does not exempt any nonfederal facility in use from any applicable state or
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local regulatory or permit program nor does it exempt any federal facility or use from the federal
consistency requirements of Section 307 of the federal Coastal Zone Management Act.
(b) In addition to the policies stated in subsection (a), the following policies are established for federal,
state and municipal agencies in carrying out their responsibilities under this chapter:
(1) Policies concerning development, facilities and uses within the coastal boundary are: (A) To
manage uses in the coastal boundary through existing municipal planning, zoning and other local
regulatory authorities and through existing state structures, dredging, wetlands, and other state siting
and regulatory authorities, giving highest priority and preference to water‐dependent uses and facilities
in shorefront areas; (B) to locate and phase sewer and water lines so as to encourage concentrated
development in areas which are suitable for development; and to disapprove extension of sewer and
water services into developed and undeveloped beaches, barrier beaches and tidal wetlands except
that, when necessary to abate existing sources of pollution, sewers that will accommodate existing uses
with limited excess capacity may be used; (C) to promote, through existing state and local planning,
development, promotional and regulatory authorities, the development, reuse or redevelopment of
existing urban and commercial fishing ports giving highest priority and preference to water dependent
uses, including but not limited to commercial and recreational fishing and boating uses; to disallow uses
which unreasonably congest navigation channels, or unreasonably preclude boating support facilities
elsewhere in a port or harbor; and to minimize the risk of oil and chemical spills at port facilities; (D) to
require that structures in tidal wetlands and coastal waters be designed, constructed and maintained to
minimize adverse impacts on coastal resources, circulation and sedimentation patterns, water quality,
and flooding and erosion, to reduce to the maximum extent practicable the use of fill, and to reduce
conflicts with the riparian rights of adjacent landowners; (E) to disallow the siting within the coastal
boundary of new tank farms and other new fuel and chemical storage facilities which can reasonably be
located inland and to require any new storage tanks which must be located within the coastal boundary
to abut existing storage tanks or to be located in urban industrial areas and to be adequately protected
against floods and spills; (F) to make use of rehabilitation, upgrading and improvement of existing
transportation facilities as the primary means of meeting transportation needs in the coastal area; (G)
to encourage increased recreational boating use of coastal waters, where feasible, by (i) providing
additional berthing space in existing harbors, (ii) limiting non‐water‐dependent land uses that preclude
boating support facilities, (iii) increasing state‐owned launching facilities, and (iv) providing for new
boating facilities in natural harbors, new protected water areas and in areas dredged from dry land; (H)
to protect coastal resources by requiring, where feasible, that such boating uses and facilities (i)
minimize disruption or degradation of natural coastal resources, (ii) utilize existing altered, developed
or redevelopment areas, (iii) are located to assure optimal distribution of state‐owned facilities to the
state‐wide boating public and (iv) utilize ramps and dry storage rather than slips in environmentally
sensitive areas; (I) to protect and where feasible, upgrade facilities serving the commercial fishing and
recreational boating industries; to maintain existing authorized commercial fishing and recreational
boating harbor space unless the demand for these facilities no longer exists or adequate space has been
provided; to design and locate, where feasible, proposed recreational boating facilities in a manner
which does not interfere with the needs of the commercial fishing industry; and (J) to require
reasonable mitigation measures where development would adversely impact historical, archaeological,
or paleontological resources that have been designated by the state historic preservation officer.
(2) Policies concerning coastal land and water resources within the coastal boundary are: (A) To
manage coastal bluffs and escarpments so as to preserve their slope and toe; to discourage uses which
do not permit continued natural rates of erosion and to disapprove uses that accelerate slope erosion
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and alter essential patterns and supply of sediments to the littoral transport system; (B) to manage
rocky shorefronts so as to insure that development proceeds in a manner which does not irreparably
reduce the capability of the system to support a healthy intertidal biological community; to provide
feeding grounds and refuge for shorebirds and finfish, and to dissipate and absorb storm and wave
energies; (C) to preserve the dynamic form and integrity of natural beach systems in order to provide
critical wildlife habitats, a reservoir for sand supply, a buffer for coastal flooding and erosion, and
valuable recreational opportunities; to insure that coastal uses are compatible with the capabilities of
the system and do not unreasonably interfere with natural processes of erosion and sedimentation, and
to encourage the restoration and enhancement of disturbed or modified beach systems; (D) to manage
intertidal flats so as to preserve their value as a nutrient source and reservoir, a healthy shellfish habitat
and a valuable feeding area for invertebrates, fish and shorebirds; to encourage the restoration and
enhancement of degraded intertidal flats; to allow coastal uses that minimize change in the natural
current flows, depth, slope, sedimentation, and nutrient storage functions and to disallow uses that
substantially accelerate erosion or lead to significant despoliation of tidal flats; (E) to preserve tidal
wetlands and to prevent the despoliation and destruction thereof in order to maintain their vital natural
functions; to encourage the rehabilitation and restoration of degraded tidal wetlands and where
feasible and environmentally acceptable, to encourage the creation of wetlands for the purposes of
shellfish and finfish management, habitat creation and dredge spoil disposal; (F) to manage coastal
hazard areas so as to insure that development proceeds in such a manner that hazards to life and
property are minimized and to promote nonstructural solutions to flood and erosion problems except in
those instances where structural alternatives prove unavoidable and necessary to protect existing
inhabited structures, infrastructural facilities or water dependent uses; (G) to promote, through existing
state and local planning, development, promotional and regulatory programs, the use of existing
developed shorefront areas for marine‐related uses, including but not limited to, commercial and
recreational fishing, boating and other water‐dependent commercial, industrial and recreational uses;
(H) to manage undeveloped islands in order to promote their use as critical habitats for those bird, plant
and animal species which are indigenous to such islands or which are increasingly rare on the mainland;
to maintain the value of undeveloped islands as a major source of recreational open space; and to
disallow uses which will have significant adverse impacts on islands or their resource components; (I) to
regulate shoreland use and development in a manner which minimizes adverse impacts upon adjacent
coastal systems and resources; and (J) to maintain the natural relationship between eroding and
depositional coastal landforms and to minimize the adverse impacts of erosion and sedimentation on
coastal land uses through the promotion of nonstructural mitigation measures. Structural solutions are
permissible when necessary and unavoidable for the protection of infrastructural facilities, water‐
dependent uses, or existing inhabited structures, and where there is no feasible, less environmentally
damaging alternative and where all reasonable mitigation measures and techniques have been
provided to minimize adverse environmental impacts.
(c) In addition to the policies stated in subsections (a) and (b), the following policies are established for
federal and state agencies in carrying out their responsibilities under this chapter:
(1) Policies concerning development, facilities and uses within the coastal boundary are: (A) To
minimize the risk of spillage of petroleum products and hazardous substances, to provide effective
containment and cleanup facilities for accidental spills and to disallow offshore oil receiving systems
that have the potential to cause catastrophic oil spills in the Long Island Sound estuary; (B) to disallow
any filling of tidal wetlands and nearshore, offshore and intertidal waters for the purpose of creating
new land from existing wetlands and coastal waters which would otherwise be undevelopable, unless it
is found that the adverse impacts on coastal resources are minimal; (C) to initiate in cooperation with
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the federal government and the continuing legislative committee on state planning and development a
long‐range planning program for the continued maintenance and enhancement of federally‐
maintained navigation facilities in order to effectively and efficiently plan and provide for
environmentally sound dredging and disposal of dredged materials; to encourage, through the state
permitting program for dredging activities, the maintenance and enhancement of existing federally‐
maintained navigation channels, basins and anchorages and to discourage the dredging of new
federally‐maintained navigation channels, basins and anchorages; (D) to reduce the need for future
dredging by requiring that new or expanded navigation channels, basins and anchorages take
advantage of existing or authorized water depths, circulation and siltation patterns and the best
available technologies for reducing controllable sedimentation; (E) to disallow new dredging in tidal
wetlands except where no feasible alternative exists and where adverse impacts to coastal resources
are minimal; (F) to require that new or improved shoreline rail corridors be designed and constructed so
as (i) to prevent tidal and circulation restrictions and, when practicable, to eliminate any such existing
restrictions, (ii) to improve or have a negligible adverse effect on coastal access and recreation and (iii)
to enhance or not unreasonably impair the visual quality of the shoreline; (G) to require that coastal
highways and highway improvements, including bridges, be designed and constructed so as to
minimize adverse impacts on coastal resources; to require that coastal highway and highway
improvements give full consideration to mass transportation alternatives and to require that coastal
highways and highway improvements where possible enhance, but in no case decrease coastal access
and recreational opportunities; (H) to disallow the construction of major new airports and to discourage
the substantial expansion of existing airports within the coastal boundary; to require that any expansion
or improvement of existing airports minimize adverse impacts on coastal resources, recreation or
access; (I) to manage the state's fisheries in order to promote the economic benefits of commercial and
recreational fishing, enhance recreational fishing opportunities, optimize the yield of all species,
prevent the depletion or extinction of indigenous species, maintain and enhance the productivity of
natural estuarine resources and preserve healthy fisheries resources for future generations; (J) to make
effective use of state‐owned coastal recreational facilities in order to expand coastal recreational
opportunities including the development or redevelopment of existing state‐owned facilities where
feasible; (K) to require as a condition in permitting new coastal structures, including but not limited to,
groins, jetties or breakwaters, that access to, or along, the public beach below mean high water must
not be unreasonably impaired by such structures and to encourage the removal of illegal structures
below mean high water which unreasonably obstruct passage along the public beach; and (L) to
promote the revitalization of inner city urban harbors and waterfronts by encouraging appropriate
reuse of historically developed shorefronts, which may include minimized alteration of an existing
shorefront in order to achieve a significant net public benefit, provided (i) such shorefront site is
permanently devoted to a water dependent use or a water dependent public use such as public access
or recreation for the general public and the ownership of any filled lands remain with the state or an
instrumentality thereof in order to secure public use and benefit in perpetuity, (ii) landward
development of the site is constrained by highways, railroads or other significant infrastructure
facilities, (iii) no other feasible, less environmentally damaging alternatives exist, (iv) the adverse
impacts to coastal resources of any shorefront alteration are minimized and compensation in the form
of resource restoration is provided to mitigate any remaining adverse impacts, and (v) such reuse is
consistent with the appropriate municipal coastal program or municipal plan of development.
(2) Policies concerning coastal land and other resources within the coastal boundary are: (A) To
manage estuarine embayments so as to insure that coastal uses proceed in a manner that assures
sustained biological productivity, the maintenance of healthy marine populations and the maintenance
of essential patterns of circulation, drainage and basin configuration; to protect, enhance and allow
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natural restoration of eelgrass flats except in special limited cases, notably shellfish management,
where the benefits accrued through alteration of the flat may outweigh the long‐term benefits to
marine biota, waterfowl, and commercial and recreational finfisheries and (B) to maintain, enhance, or,
where feasible, restore natural patterns of water circulation and fresh and saltwater exchange in the
placement or replacement of culverts, tide gates or other drainage or flood control structures.
(d) In addition to the policies in this section, the policies of the state plan of conservation and
development adopted pursuant to part I of chapter 297 shall be applied to the area within the coastal
boundary in accordance with the requirements of section 16a‐31.
Sec. 22a‐93. Definitions. For the purposes of this chapter:
(1) "Commissioner" means the Commissioner of Environmental Protection;
(2) "Municipality" means any town listed in subsection (a) of section 22a‐94, the city of Groton, the
borough of Stonington, the borough of Groton Long Point, the borough of Fenwick and the borough of
Woodmont, but shall not include any special district;
(3) "Coastal area" means those lands described in subsection (a) of section 22a‐94;
(4) "Coastal boundary" means the boundary described in subsection (b) of section 22a‐94;
(5) "Coastal waters" means those waters of Long Island Sound and its harbors, embayments, tidal
rivers, streams and creeks, which contain a salinity concentration of at least five hundred parts per
million under the low flow stream conditions as established by the commissioner;
(6) "Public beach" means that portion of the shoreline held in public fee ownership by the state or
that portion of the shoreline below the mean high tide elevation that is held in public trust by the state;
(7) "Coastal resources" means the coastal waters of the state, their natural resources, related marine
and wildlife habitat and adjacent shorelands, both developed and undeveloped, that together form an
integrated terrestrial and estuarine ecosystem; coastal resources include the following: (A) "Coastal
bluffs and escarpments" means naturally eroding shorelands marked by dynamic escarpments or sea
cliffs which have slope angles that constitute an intricate adjustment between erosion, substrate,
drainage and degree of plant cover; (B) "rocky shorefronts" means shorefront composed of bedrock,
boulders and cobbles that are highly erosion‐resistant and are an insignificant source of sediments for
other coastal landforms; (C) "beaches and dunes" means beach systems including barrier beach spits
and tombolos, barrier beaches, pocket beaches, land contact beaches and related dunes and sandflats;
(D) "intertidal flats" means very gently sloping or flat areas located between high and low tides
composed of muddy, silty and fine sandy sediments and generally devoid of vegetation; (E) "tidal
wetlands" means "wetland" as defined by section 22a‐29; (F) "freshwater wetlands and watercourses"
means "wetlands" and "watercourses" as defined by section 22a‐38; (G) "estuarine embayments" means
a protected coastal body of water with an open connection to the sea in which saline sea water is
measurably diluted by fresh water including tidal rivers, bays, lagoons and coves; (H) "coastal hazard
areas" means those land areas inundated during coastal storm events or subject to erosion induced by
such events, including flood hazard areas as defined and determined by the National Flood Insurance
Act, as amended (USC 42 Section 4101, P.L. 93‐234) and all erosion hazard areas as determined by the
commissioner; (I) "developed shorefront" means those harbor areas which have been highly engineered
and developed resulting in the functional impairment or substantial alteration of their natural
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physiographic features or systems; (J) "island" means land surrounded on all sides by water; (K)
"nearshore waters" means the area comprised of those waters and their substrates lying between mean
high water and a depth approximated by the ten meter contour; (L) "offshore waters" means the area
comprised of those waters and their substrates lying seaward of a depth approximated by the ten
meter contour; (M) "shorelands" means those land areas within the coastal boundary exclusive of
coastal hazard areas, which are not subject to dynamic coastal processes and which are comprised of
typical upland features such as bedrock hills, till hills and drumlins; (N) "shellfish concentration areas"
means actual, potential or historic areas in coastal waters, in which one or more species of shellfish
aggregate;
(8) "Zoning commission" means the municipal zoning commission established under section 8‐1 or
by any special act or the combined planning and zoning commission established under section 8‐4a;
(9) "Planning commission" means the municipal planning commission established under section 8‐19
or by any special act or the combined planning and zoning commission established under section 8‐4a;
(10) "Municipal coastal plans" means the plans listed in subsections (b) and (d) of section 22a‐101;
(11) "Municipal coastal regulations" means the regulations and ordinances listed in subsection (b) of
section 22a‐101;
(12) "Federal Coastal Zone Management Act" and "federal act" means the U.S. Coastal Zone
Management Act of 1972, as amended;
(13) "Coastal site plans" means the site plans, applications and project referrals listed in section 22a‐
105;
(14) "Facilities and resources which are in the national interest" means: (A) Adequate protection of
tidal wetlands and related estuarine resources; (B) restoration and enhancement of Connecticut's
shellfish industry; (C) restoration, preservation and enhancement of the state's recreational and
commercial fisheries, including anadromous species; (D) water pollution control measures and facilities
consistent with the requirements of the federal Clean Water Act, as amended; (E) air pollution control
measures and facilities consistent with the requirements of the federal Clean Air Act, as amended; (F)
continued operations of existing federally‐funded dredged and maintained navigation channels and
basins; (G) energy facilities serving state‐wide and interstate markets, including electric generating
facilities and facilities for storage, receiving or processing petroleum products and other fuels; (H)
improvements to the existing interstate rail, highway and water‐borne transportation system; (I)
provision of adequate state or federally‐owned marine‐related recreational facilities, including natural
areas and wildlife sanctuaries; and (J) essential maintenance and improvement of existing water‐
dependent military, navigational, resource management and research facilities;
(15) "Adverse impacts on coastal resources" include but are not limited to: (A) Degrading water
quality through the significant introduction into either coastal waters or groundwater supplies of
suspended solids, nutrients, toxics, heavy metals or pathogens, or through the significant alteration of
temperature, pH, dissolved oxygen or salinity; (B) degrading existing circulation patterns of coastal
waters through the significant alteration of patterns of tidal exchange or flushing rates, freshwater
input, or existing basin characteristics and channel contours; (C) degrading natural erosion patterns
through the significant alteration of littoral transport of sediments in terms of deposition or source
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reduction; (D) degrading natural or existing drainage patterns through the significant alteration of
groundwater flow and recharge and volume of runoff; (E) increasing the hazard of coastal flooding
through significant alteration of shoreline configurations or bathymetry, particularly within high
velocity flood zones; (F) degrading visual quality through significant alteration of the natural features of
vistas and view points; (G) degrading or destroying essential wildlife, finfish or shellfish habitat through
significant alteration of the composition, migration patterns, distribution, breeding or other population
characteristics of the natural species or significant alteration of the natural components of the habitat;
and (H) degrading tidal wetlands, beaches and dunes, rocky shorefronts, and bluffs and escarpments
through significant alteration of their natural characteristics or function;
(16) "Water‐dependent uses" means those uses and facilities which require direct access to, or
location in, marine or tidal waters and which therefore cannot be located inland, including but not
limited to: Marinas, recreational and commercial fishing and boating facilities, finfish and shellfish
processing plants, waterfront dock and port facilities, shipyards and boat building facilities, water‐
based recreational uses, navigation aides, basins and channels, industrial uses dependent upon water‐
borne transportation or requiring large volumes of cooling or process water which cannot reasonably be
located or operated at an inland site and uses which provide general public access to marine or tidal
waters;
(17) "Adverse impacts on future water‐dependent development opportunities" and "adverse impacts
on future water‐dependent development activities" include but are not limited to (A) locating a non‐
water‐dependent use at a site that (i) is physically suited for a water‐dependent use for which there is a
reasonable demand or (ii) has been identified for a water‐dependent use in the plan of development of
the municipality or the zoning regulations; (B) replacement of a water‐dependent use with a non‐
water‐dependent use, and (C) siting of a non‐water‐dependent use which would substantially reduce or
inhibit existing public access to marine or tidal waters; and
(18) "Zoning board of appeals" means the municipal zoning board of appeals established pursuant to
section 8‐5 or any special act.
Sec. 22a‐94. Coastal area; coastal boundary. Commissioner to prepare maps.
(a) The Connecticut coastal area shall include the land and water within the area delineated by the
following: The westerly, southerly and easterly limits of the state's jurisdiction in Long Island Sound;
the towns of Greenwich, Stamford, Darien, Norwalk, Westport, Fairfield, Bridgeport, Stratford,
Shelton, Milford, Orange, West Haven, New Haven, Hamden, North Haven, East Haven, Branford,
Guilford, Madison, Clinton, Westbrook, Deep River, Chester, Essex, Old Saybrook, Lyme, Old Lyme,
East Lyme, Waterford, New London, Montville, Norwich, Preston, Ledyard, Groton and Stonington.
(b) Within the coastal area, there shall be a coastal boundary which shall be a continuous line delineated
on the landward side by the interior contour elevation of the one hundred year frequency coastal flood
zone, as defined and determined by the National Flood Insurance Act, as amended (USC 42 Section
4101, P.L. 93‐234), or a one thousand foot linear setback measured from the mean high water mark in
coastal waters, or a one thousand foot linear setback measured from the inland boundary of tidal
wetlands mapped under section 22a‐20, whichever is farthest inland; and shall be delineated on the
seaward side by the seaward extent of the jurisdiction of the state.
(c) The coastal boundary as defined in subsection (b) of this section shall be shown on maps or
photographs prepared by the commissioner which supplement flood hazard rate maps prepared by the
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United States Department of Housing and Urban Development under the National Flood Insurance Act.
Such maps shall be sufficiently precise to demonstrate whether the holdings of a property owner, or
portions thereof, lie within the coastal boundary. Copies of such maps or photographs shall be filed
with the commissioner and with the clerk of each coastal municipality.
(d) The maps described in subsection (c) of this section shall be promulgated not later than July 1, 1980.
Prior to final adoption of any map, the commissioner shall hold a public hearing in accordance with the
provisions of chapter 54 within the applicable coastal town. The commissioner may use interim maps
prepared on United States Geological Survey Topographic base at a scale of one to twenty‐four
thousand or their metric equivalent. In preparing such interim maps, the commissioner may use any
man‐made structure, natural feature, property line, preliminary flood hazard boundary maps as
prepared by the United States Department of Housing and Urban Development, or a combination
thereof which most closely approximates the landward side of the boundary. Further, the
commissioner may use city or town property tax maps or aerial photographs, state tidal wetlands
photographs, or similar maps of property delineation as they are available.
(e) The commissioner may, from time to time, amend such maps described in subsection (c) of this
section. Prior to the adoption of an amendment to any map, the commissioner shall hold a public
hearing in the affected municipality in accordance with the provisions of chapter 54. The commissioner
shall consider for amendment changes in the boundary petitioned by the coastal municipality, by any
person owning real property within the boundary, or by twenty‐five residents of such municipality. The
commissioner shall approve, deny or modify such petition within sixty days of receipt and shall state, in
writing, the reasons for his action. All amendments to the boundary shall be consistent with subsection
(b) of this section.
(f) A municipal coastal boundary may be adopted by the municipal planning commission of each coastal
municipality in accordance with the notice, hearing and other procedural requirements of section 8‐24.
Such boundary may be delineated by roads, property lines or other identifiable natural or man‐made
features, provided such boundary shall approximate and in no event diminish the area within the
coastal boundary as defined in subsection (b) of this section and as mapped under subsection (d) of this
section. Such boundary shall be sufficiently precise to demonstrate whether the holdings of a property
owner, or portions thereof, lie within the boundary. Upon adoption, such boundary shall be submitted
to the commissioner for mapping in accordance with subsection (c) of this section. The municipal
planning commission may, at its own discretion or upon request of a property owner, amend the
coastal boundary in accordance with the procedures and criteria of this subsection.
(g) All property lying within the coastal boundary shall be subject to the regulatory, development and
planning requirements of this chapter.
Sec. 22a‐95. Duties of commissioner. Model municipal coastal program.
(a) The commissioner shall, on a continuing basis, assist coastal municipalities in carrying out their
responsibilities under this chapter.
(b) The commissioner shall provide each coastal municipality with resource factor maps and other
information concerning the location and condition of its coastal resources and shall also provide general
technical background information on the beneficial and adverse impacts of various types of
development on coastal resources.
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(c) The commissioner shall respond to questions regarding the requirements of this chapter, shall
respond to requests by coastal municipalities for background technical information and shall meet
reasonable requests by such municipalities for technical staff assistance in developing and
implementing municipal coastal programs and coastal site plan reviews.
(d) The commissioner shall consult regularly with officials of coastal municipalities regarding
implementation of this chapter and shall periodically hold workshops with municipal officials
responsible for making decisions under this chapter.
(e) The commissioner shall prepare a model municipal coastal program which shall include, but not be
limited to: (1) Model municipal coastal plans and regulations; (2) suggested planning methodologies
useful in revising municipal coastal plans; (3) suggested regulatory methods useful in revising municipal
coastal regulations to conform to and effectuate the purposes of municipal coastal plans; and (4)
suggested criteria and procedures for undertaking municipal coastal site plan reviews.
(f) Written technical information provided by the commissioner to coastal municipalities shall be in
clear and readily understandable language.
Sec. 22a‐96. Commissioner authorized to enter into agreements; designated as representative of
state.
(a) The commissioner is authorized to enter into written agreements with federal agencies concerning
the matters set forth in subsection (b) of this section having an interest in or regulatory authority in the
coastal area. Such agreements shall be consistent with the provisions of sections 22a‐90 to 22a‐96,
inclusive, and chapters 439, 440, 446i, 447, 474 and 477, shall indicate the respective powers and duties
of the commissioner and the federal agency or agencies thereunder and shall provide for cooperation
and coordination in the implementation of state and federal programs with jurisdiction in the coastal
area in a manner consistent with the provisions of sections 22a‐90 to 22a‐96, inclusive.
(b) Agreements concerning regulatory programs of the U.S. Army Corps of Engineers and the U.S.
Coast Guard, Bridges Section, may include the following: (1) Procedures for conducting joint hearings
on permit applications; (2) procedures for issuing common and joint application materials and
instructions for permit applications; (3) procedures for timely exchange of technical materials related to
permit applications and other matters; and (4) procedures for coordinating the timing and sequence of
the issuance of decisions on permit applications.
(c) The commissioner is authorized to (1) represent the state in formal proceedings regarding "federal
consistency" as defined in the federal act; (2) request, receive and administer funds under said act; and
(3) develop and coordinate, in cooperation with other state agencies, plans to achieve the purposes of
sections 22a‐90 to 22a‐96, inclusive.
(d) The commissioner is designated as the representative of the state in all matters concerning the
consistency of federal activities, projects or proposals with the policies and provisions of sections 22a‐
90 to 22a‐96, inclusive.
Sec. 22a‐97. Duties of the commissioner. Technical, coordinating and research services.
Supervision. Annual report.
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(a) The commissioner shall provide, within available appropriations, technical, coordinating and
research services to promote the effective administration of this chapter at the federal, state and local
levels.
(b) The commissioner shall have the overall responsibility for general supervision of the implementation
of this chapter and shall monitor and evaluate the activities of federal and state agencies and the
activities of municipalities to assure continuing, effective, coordinated and consistent administration of
the requirements and purposes of this chapter.
(c) The commissioner shall prepare and submit to the General Assembly and the Governor, on or before
December first of each year, a written report summarizing the activities of the department concerning
the development and implementation of this chapter during the previous year. Such report shall
include, but not be limited to: (1) The department's accomplishments and actions in achieving the goals
and policies of this chapter including, but not limited to, coordination with other state, regional, federal
and municipal programs established to achieve the purposes of this chapter and research programs
established pursuant to subsection (a) of section 22a‐112; (2) recommendations for any statutory or
regulatory amendments necessary to achieve such purposes; (3) a summary of municipal and federal
programs and actions which affect the coast; (4) recommendations for any programs or plans to
achieve such purposes; (5) any aspects of the program or the chapter which are proving difficult to
accomplish, suggested reasons for such difficulties and proposed solutions to such difficulties; (6) a
summary of the expenditure of federal and state funds under this chapter; and (7) a request for an
appropriation of funds necessary to match federal funds and provide continuing financial support for
the program. Such report shall comply with the provisions of section 46a‐78. On and after October 1,
1996, the report shall be submitted to the joint standing committee of the General Assembly having
cognizance of matters relating to the environment and, upon request, to any member of the General
Assembly. A summary of the report shall be submitted to each member of the General Assembly if the
summary is two pages or less and a notification of the report shall be submitted to each member if the
summary is more than two pages. Submission shall be by mailing the report, summary or notification to
the legislative address of each member of the committee or the General Assembly, as applicable.
Sec. 22a‐98. Commissioner to coordinate regulatory programs. The commissioner shall coordinate
the activities of all regulatory programs under his jurisdiction with permitting authority in the coastal
area to assure that the administration of such programs is consistent with the goals and policies of this
chapter. Such programs include, but are not limited to: (1) Regulation of wetlands and watercourses
pursuant to chapter 440; (2) regulation of stream encroachment pursuant to sections 22a‐342 to 22a‐
349, inclusive; (3) regulation of dredging and the erection of structures or the placement of fill in tidal,
coastal or navigable waters pursuant to sections 22a‐359 to 22a‐363f, inclusive; and (4) certification of
water quality pursuant to the federal Clean Water Act of 1972 (33 USC 1411, Section 401). The
commissioner shall assure consistency with such goals and policies in granting, denying or modifying
permits under such programs. Any person seeking a license, permit or other approval of an activity
under the requirements of such regulatory programs shall demonstrate that such activity is consistent
with all applicable goals and policies in section 22a‐92 and that such activity incorporates all reasonable
measures mitigating any adverse impacts of such actions on coastal resources and future water‐
dependent development activities. The coordination of such programs shall include, where feasible, the
use of common or combined application forms, the holding of joint hearings on permit applications and
the coordination of the timing or sequencing of permit decisions.
Sec. 22a‐99. Testimony by coastal municipality on permits and licenses. Appeal from decision of
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the commissioner. A coastal municipality may submit written testimony to the commissioner and may
appear by right as a party to any hearing before said commissioner concerning any permit or license to
be issued by said commissioner for an activity occurring within the coastal boundary of the municipality
or occurring within the coastal boundary of any adjacent municipality and within five hundred feet of
the boundary of such municipality and may appeal any decision of the commissioner concerning such
permit or license.
Sec. 22a‐100. State plans and actions to be consistent with this chapter.
(a) All major state plans, other than the state plan for conservation and development adopted pursuant
to part I of chapter 297, which affect the coastal area shall be consistent with the goals and policies
stated in section 22a‐92 and existing state plans, other than the state plan for conservation and
development adopted pursuant to part I of chapter 297, which affect the coastal area shall, on or before
July 1, 1981, be revised, if necessary, to insure consistency with this chapter. Agencies responsible for
revising state plans, other than the state plan for conservation and development adopted pursuant to
part I of chapter 297, shall consult with the commissioner in making such revisions.
(b) Each state department, institution or agency responsible for the primary recommendation or
initiation of actions within the coastal boundary which may significantly affect the environment, as
defined in section 22a‐1c, shall insure that such actions are consistent with the goals and policies of this
chapter and incorporate all reasonable measures mitigating any adverse impacts of such actions on
coastal resources and future water‐dependent development activities. The Secretary of the Office of
Policy and Management shall consider the consistency of such proposed actions with such goals and
policies in determining whether or not an environmental impact evaluation prepared pursuant to
section 22a‐1b satisfies the requirements of sections 22a‐1a to 22a‐1h, inclusive, and regulations
adopted pursuant thereto. The commissioner shall amend such regulations, if necessary, to insure
consistency with the goals and policies of this chapter.
Sec. 22a‐101. Municipal coastal programs.
(a) In order to carry out the policies and provisions of this chapter and to provide more specific guidance
to coastal area property owners and developers, coastal municipalities may adopt a municipal coastal
program for the area within the coastal boundary and landward of the mean high water mark.
(b) A municipal coastal program shall include, but is not limited to: (1) Revisions to the municipal plan of
conservation and development under section 8‐23 or special act, insofar as it affects the area within the
coastal boundary, such revisions to include an identification and written description of the
municipality's major coastal‐related issues and problems, both immediate and long‐term, such as
erosion, flooding, recreational facilities, and utilization of port facilities and to include a description of
the municipal boards, commissions and officials responsible for implementing and enforcing the
coastal program, a description of enforcement procedures and a description of continuing methods of
involving the public in the implementation of the municipal coastal program; (2) revisions to the
municipal zoning regulations under section 8‐2 or under special act and revisions to the following
regulations and ordinances if the municipality has adopted such regulations or ordinances, and insofar
as such regulations or ordinances affect the area within the coastal boundary: (A) Historic district
ordinances under section 7‐147b; (B) waterway encroachment line ordinances under section 7‐147; (C)
subdivision ordinances under section 8‐25; (D) inland wetland regulations under subsection (e) of
section 22a‐42 and section 22a‐42a; (E) sewerage ordinances under section 7‐148; (F) ordinances or
regulations governing filling of land and removal of soil, loam, sand or gravel under section 7‐148; (G)
ordinances concerning protection and improvement of the environment under section 7‐148; and (H)
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regulations for the supervision, management, control, operation or use of a sewerage system under
section 7‐247.
(c) If a municipality has not yet adopted a municipal plan of conservation and development under
section 8‐23, a municipal planning commission may prepare a municipal coastal plan of development
solely for that portion of municipality within the coastal boundary in accordance with subsection (b) of
this section and section 22a‐102.
(d) A municipal coastal program may include revisions to the following municipal plans or programs
which revisions shall be consistent with the municipal plan of conservation and development revised in
accordance with subsection (b) of this section and section 22a‐102: (1) The community development
plan under sections 8‐169c and 8‐169d; (2) the harbor improvement plan under section 13b‐56; (3) the
redevelopment plan under sections 8‐125 and 8‐127; (4) the port development plan under section 7‐
329c; (5) the capital improvement plan under section 8‐160; (6) the open space plan under section 12‐
107e; (7) any development project plan or plans under section 8‐189; and (8) the municipal water
pollution control plan under section 7‐245.
(e) Revisions to the municipal plan of development in accordance with subsection (b) of this section and
section 22a‐102 may include a description of any development projects, acquisition plans, open space
tax abatement programs, flood and erosion control projects and other nonregulatory measures which
the municipality intends to undertake in order to promote wise management of coastal resources.
Sec. 22a‐102. Municipal plan of development. Proposed municipal land use regulations.
(a) In revising the municipal plan of conservation and development in accordance with subsection (b) of
section 22a‐101, the municipal planning commission shall follow: (1) The policies and goals in section
22a‐92; (2) criteria listed in section 8‐23.
(b) In adopting any proposed municipal plan of conservation and development, zoning regulations or
changes thereto or other municipal coastal regulations listed in subdivision (2) of subsection (b) of
section 22a‐101 or changes thereto, the following criteria shall also be considered: (1) The character and
distribution of the coastal resources defined in section 22a‐93 within its coastal boundary, the capacity
of and limitations on such resources to support development, and the types and methods of
development compatible with the wise use, protection and enhancement of such resources; (2) the
nature and pattern of existing development; and (3) the need for public services.
(c) The municipal planning commission may revise its municipal plan of conservation and development
by making such changes as: Modifications of land use categories, changes in the density and intensity
of land use, alteration in plan policies; modifications in growth strategies, changes in acquisition
priorities, and alterations in public infrastructure, highway and other capital improvement projects.
(d) The municipal planning commission shall submit its proposed revisions to the municipal plan of
conservation and development prepared in accordance with subsections (a) and (b) of this section and
section 22a‐101 to the commissioner and the regional planning agency for review and comment prior to
the final adoption of such revisions in accordance with section 8‐23. Upon receipt of such proposed
revisions the commissioner and the regional planning agency shall review them for consistency with
requirements and criteria listed in subsections (a) and (b) of this section and said section 22a‐101 and
shall within ninety days notify the municipality in writing of any suggested modifications to the
proposed revisions. Upon receipt of such comments or ninety days after receipt by the commissioner of
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proposed revisions, the municipal planning commission may modify and adopt the proposed revisions
in accordance with said section 8‐23.
Sec. 22a‐103. Municipal zoning regulations. Criteria and process for revision.
(a) In revising zoning regulations and other municipal coastal regulations and ordinances listed in
subdivision (2) of subsection (b) of section 22a‐101, the municipal agency with jurisdiction over such
regulations or ordinances shall consider the criteria in section 8‐2 and the other sections of the general
statutes or special act authorizing such regulations. Such regulations shall conform to and effectuate
the policies and land and water use strategies of the municipal coastal plans revised under sections 22a‐
101 and 22a‐102 and the criteria listed in subsections (a) and (b) of section 22a‐102.
(b) The municipal agency with jurisdiction over the zoning regulations and other municipal coastal
regulations and ordinances listed in subdivision (2) of subsection (b) of section 22a‐101 shall submit its
proposed revisions of such regulations and ordinances to the commissioner for his review and comment
prior to final adoption of such revisions in accordance with the appropriate statutory requirements
regarding amendment of such regulations or ordinances. Upon receipt of the proposed revisions to the
municipal coastal regulations, the commissioner shall review them for their consistency with the
municipality's previously adopted municipal plan of conservation and development and the criteria
listed in subsections (a) and (b) of section 22a‐102, and shall within ninety days notify the municipality
in writing of any suggested modifications. Upon receipt of the commissioner's comments or ninety
days after his receipt of proposed revisions the municipal agency with jurisdiction over such regulations
may modify and adopt the proposed revisions in accordance with the appropriate statutory
requirements regarding amendment of such regulations and ordinances.
(c) In revising zoning regulations under chapter 124 for the area within the coastal boundary the
municipal zoning commission may utilize any lawful zoning techniques, including but not limited to,
modifications of use categories, alteration of density and intensity of use, special use zones, overlay
zones, special permit regulations, sign controls, design controls, landscaping and gardening
regulations, hazard or geological review requirements, conservation, cluster, open space and lot
coverage requirements, minimum lot sizes, setback requirements, and bonus and incentive zoning
regulations.
(d) In revising subdivision regulations under chapter 126 the municipal planning commission may utilize
any lawful technique including, but not limited to, conservation, cluster, open space, park and
recreation regulations.
Sec. 22a‐104. Implementation of municipal coastal program. Amendments.
(a) If a municipality has adopted a municipal coastal program in accordance with sections 22a‐101, 22a‐
102 and 22a‐103, such program shall be implemented by those municipal bodies exercising legal
authority for the regulatory decisions listed in subsection (b) of section 22a‐105. The provisions of
subsections (b) to (e), inclusive, of this section shall apply to such municipality.
(b) Amendments to the municipal plan of conservation and development affecting the area within the
coastal boundary or municipal coastal regulations shall be made in accordance with subsection (e) of
this section and sections 22a‐101, 22a‐102 and 22a‐103.
(c) When amendments are made to the municipal plan of conservation and development affecting the
area within the coastal boundary, the municipality shall also make such amendments to the zoning
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regulations and other municipal coastal regulations listed in subdivision (2) of subsection (b) of section
22a‐101 in accordance with applicable statutory requirements regarding amendment of such
regulations and ordinances as are necessary to insure that such regulations conform to and effectuate
the policies and land and water use strategies of the amended plans.
(d) When amendments are made to zoning regulations and other municipal coastal regulations listed in
subdivision (2) of subsection (b) of section 22a‐101 without prior amendments to corresponding
provisions of municipal coastal plans, such regulations, as amended, shall conform to and effectuate
the policies and land and water use strategies of the municipal coastal plans and the criteria listed in
subsections (a) and (b) of section 22a‐102.
(e) Any proposed municipal plan of conservation and development or zoning regulations or changes
thereto affecting the area within the coastal boundary, regardless of whether the municipality affected
has adopted a municipal coastal program in accordance with sections 22a‐101, 22a‐102 and 22a‐103,
shall be consistent with the policies of section 22a‐92 and the criteria of subsection (b) of said section
22a‐102. The commissioner shall be notified of any such proposed municipal plan of conservation and
development or zoning regulations or changes thereto at least thirty‐five days prior to the
commencement of the hearing thereon. The commissioner may comment on and make
recommendations on such proposals or changes. Such comment shall be read into the record of the
public hearing and shall be considered by the appropriate board or commission before final action on
the proposals or changes. Failure to comment by the commissioner shall not be construed to be
approval or disapproval.
Sec. 22a‐105. Coastal site plan reviews.
(a) Coastal municipalities shall undertake coastal site plan reviews in accordance with the requirements
of this chapter.
(b) The following site plans, plans and applications for activities or projects to be located fully or
partially within the coastal boundary and landward of the mean high water mark shall be defined as
"coastal site plans" and shall be subject to the requirements of this chapter: (1) Site plans submitted to a
zoning commission in accordance with section 22a‐109; (2) plans submitted to a planning commission
for subdivision or resubdivision in accordance with section 8‐25 or with any special act; (3) applications
for a special exception or special permit submitted to a planning commission, zoning commission or
zoning board of appeals in accordance with section 8‐2 or with any special act; (4) applications for a
variance submitted to a zoning board of appeals in accordance with subdivision (3) of section 8‐6 or
with any special act, and (5) a referral of a proposed municipal project to a planning commission in
accordance with section 8‐24 or with any special act.
(c) In addition to the requirements specified by municipal regulation, a coastal site plan shall include a
plan showing the location and spatial relationship of coastal resources on and contiguous to the site; a
description of the entire project with appropriate plans, indicating project location, design, timing, and
methods of construction; an assessment of the capability of the resources to accommodate the
proposed use; an assessment of the suitability of the project for the proposed site; an evaluation of the
potential beneficial and adverse impacts of the project and a description of proposed methods to
mitigate adverse effects on coastal resources.
(d) Municipalities, acting through the agencies responsible for the review of the coastal site plans
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defined in subsection (b) of this section, may require a filing fee to defray the reasonable cost of
reviewing and acting upon an application.
(e) The board or commission reviewing the coastal site plan shall, in addition to the discretion granted
in any other sections of the general statutes or in any special act, approve, modify, condition or deny
the activity proposed in a coastal site plan on the basis of the criteria listed in section 22a‐106 to ensure
that the potential adverse impacts of the proposed activity on both coastal resources and future water‐
dependent development activities are acceptable. The provisions of this chapter shall not be construed
to prevent the reconstruction of a building after a casualty loss.
(f) Notwithstanding the provisions of any other section of the general statutes to the contrary, the
review of any coastal site plan pursuant to this chapter shall not be deemed complete and valid unless
the board or commission having jurisdiction over such plan has rendered a final decision thereon. If
such board or commission fails to render a decision within the time period provided by the general
statutes or any special act for such a decision, the coastal site plan shall be deemed rejected.
Sec. 22a‐106. Criteria and process for action on coastal site plans.
(a) In addition to determining that the activity proposed in a coastal site plan satisfies other lawful
criteria and conditions, a municipal board or commission reviewing a coastal site plan shall determine
whether or not the potential adverse impacts of the proposed activity on both coastal resources and
future water‐dependent development activities are acceptable.
(b) In determining the acceptability of potential adverse impacts of the proposed activity described in
the coastal site plan on both coastal resources and future water‐dependent development opportunities
a municipal board or commission shall: (1) Consider the characteristics of the site, including the location
and condition of any of the coastal resources defined in section 22a‐93; (2) consider the potential
effects, both beneficial and adverse, of the proposed activity on coastal resources and future water‐
dependent development opportunities; and (3) follow all applicable goals and policies stated in section
22a‐92 and identify conflicts between the proposed activity and any goal or policy.
(c) Any persons submitting a coastal site plan as defined in subsection (b) of section 22a‐105 shall
demonstrate that the adverse impacts of the proposed activity are acceptable and shall demonstrate
that such activity is consistent with the goals and policies in section 22a‐92.
(d) A municipal board or commission approving, modifying, conditioning or denying a coastal site plan
on the basis of the criteria listed in subsection (b) of this section shall state in writing the findings and
reasons for its action.
(e) In approving any activity proposed in a coastal site plan, the municipal board or commission shall
make a written finding that the proposed activity with any conditions or modifications imposed by the
board: (1) Is consistent with all applicable goals and policies in section 22a‐92; (2) incorporates as
conditions or modifications all reasonable measures which would mitigate the adverse impacts of the
proposed activity on both coastal resources and future water‐dependent development activities.
Sec. 22a‐106a. Civil penalty. Any person who conducts an activity within the coastal boundary without
having received a lawful approval from a municipal board or commission under all of the applicable
procedures and criteria listed in sections 22a‐105 and 22a‐106 or who violates the terms and conditions
of an approval under said sections shall be liable for a civil penalty of not more than one thousand
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dollars for each offense. Each violation shall be a separate and distinct offense and in the case of a
continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct
offense. The Commissioner of Environmental Protection may request the Attorney General to bring a
civil action in the superior court for the judicial district of Hartford to seek imposition and recovery of
such civil penalty.
Sec. 22a‐107. Bond as a condition to coastal site plan approval. As a condition to a coastal site plan
approval a board or commission may require a bond, escrow account or other surety or financial
security arrangement to secure compliance with any modifications, conditions and other terms stated
in its approval of a coastal site plan.
Sec. 22a‐108. Violations. Any activity within the coastal boundary not exempt from coastal site plan
review pursuant to subsection (b) of section 22a‐109, which occurs without having received a lawful
approval from a municipal board or commission under all of the applicable procedures and criteria listed
in sections 22a‐105 and 22a‐106, or which violates the terms or conditions of such approval, shall be
deemed a public nuisance. Municipalities shall have the authority to exercise all enforcement remedies
legally available to them for the abatement of such nuisances including, but not limited to, those under
section 8‐12. After notifying the municipality in which the activity is located, the commissioner may
order that such a public nuisance be halted, abated, removed or modified and that the site of the
violation be restored as nearly as reasonably possible to its condition prior to the violation, under the
authority of sections 22a‐6 and 22a‐7. The commissioner may request the Attorney General to institute
proceedings to enjoin or abate any such nuisance. Upon receipt of a petition signed by at least twenty‐
five residents of the municipality in which an activity is located the commissioner shall investigate to
determine whether or not an activity described in the petition constitutes a public nuisance. Within
ninety days of receipt of such petition, the commissioner shall make a written determination and
provide the petitioning municipality with a copy of such determination.
Sec. 22a‐109. Coastal site plans. Review.
(a) A coastal site plan shall be filed with the municipal zoning commission to aid in determining the
conformity of a proposed building, use, structure or shoreline flood and erosion control structure, as
defined in subsection (c) of this section, fully or partially within the coastal boundary, with the specific
provisions of the zoning regulations of the municipality and the provisions of sections 22a‐105 and 22a‐
106, and in the case of shoreline flood and erosion control structures, the provisions of sections 22a‐359
to 22a‐363, inclusive, and any regulations adopted thereunder. A coastal site plan required under this
section may be modified or denied if it fails to comply with the requirements already set forth in the
zoning regulations of the municipality and, in addition, the coastal site plan may be modified,
conditioned or denied in accordance with the procedures and criteria listed in sections 22a‐105 and 22a‐
106. A coastal site plan for a shoreline flood and erosion control structure may be modified, conditioned
or denied if it fails to comply with the requirements, standards and criteria of sections 22a‐359 to 22a‐
363, inclusive, and any regulations adopted thereunder. Review of a coastal site plan under the
requirements of this section shall supersede any review required by the municipality under subsection
(g) of section 8‐3 and shall be in addition to any applicable zoning regulations of any special district
exercising zoning authority under special act. The provisions of this section shall not be construed to
limit the authority of the Commissioner of Environmental Protection under sections 22a‐359 to 22a‐
363, inclusive.
(b) The zoning commission may by regulation exempt any or all of the following uses from the coastal
site plan review requirements of this chapter: (1) Minor additions to or modifications of existing
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buildings or detached accessory buildings, such as garages and utility sheds; (2) construction of new or
modification of existing structures incidental to the enjoyment and maintenance of residential property
including but not limited to walks, terraces, driveways, swimming pools, tennis courts, docks and
detached accessory buildings; (3) construction of new or modification of existing on‐premise structures
including fences, walls, pedestrian walks and terraces, underground utility connections, essential
electric, gas, telephone, water and sewer service lines, signs and such other minor structures as will not
substantially alter the natural character of coastal resources or restrict access along the public beach;
(4) construction of an individual single‐family residential structure except when such structure is
located on an island not connected to the mainland by an existing road bridge or causeway or except
when such structure is in or within one hundred feet of the following coastal resource areas: Tidal
wetlands, coastal bluffs and escarpments and beaches and dunes; (5) activities conducted for the
specific purpose of conserving or preserving soil, vegetation, water, fish, shellfish, wildlife and other
coastal land and water resources; (6) interior modifications to buildings, and (7) minor changes in use of
a building, structure or property except those changes occurring on property adjacent to or abutting
coastal waters. Gardening, grazing and the harvesting of crops shall be exempt from the requirements
of this chapter. Notwithstanding the provisions of this subsection, shoreline flood and erosion control
structures as defined in subsection (c) of this section shall not be exempt from the requirements of this
chapter.
(c) For the purposes of this section, "shoreline flood and erosion control structure" means any structure
the purpose or effect of which is to control flooding or erosion from tidal, coastal or navigable waters
and includes breakwaters, bulkheads, groins, jetties, revetments, riprap, seawalls and the placement of
concrete, rocks or other significant barriers to the flow of flood waters or the movement of sediments
along the shoreline. The term shall not include any addition, reconstruction, change or adjustment to
any walled and roofed building which is necessary for such building to comply with the requirements of
the Code of Federal Regulations, Title 44, Part 50, and any municipal regulation adopted thereunder.
(d) A copy of each coastal site plan submitted for any shoreline flood and erosion control structure shall
be referred to the Commissioner of Environmental Protection within fifteen days of its receipt by the
zoning commission. The day of receipt shall be determined in accordance with subsection (c) of section
8‐7d. The commissioner may comment on and make recommendations on such plans. Such comments
and recommendations shall be submitted to the zoning commission within thirty‐five days of the date
of receipt of the coastal site plan by the commissioner and shall be considered by the zoning
commission before final action on the plan. If the commissioner fails to comment on a plan within the
thirty‐five‐day period or any extension granted by the zoning commission, the zoning commission may
take final action on such plan. Failure to comment by the commissioner shall not be construed to be
approval or disapproval.
(e) The zoning commission may, at its discretion, hold a hearing on a coastal site plan required by this
section. The commission shall hold a hearing on a coastal site plan for a shoreline flood and erosion
control structure upon the request of the Commissioner of Environmental Protection.
(f) The zoning commission shall set forth the reasons for any decision to deny, modify or condition a
coastal site plan submitted under this section. A copy of any decision shall be sent by certified mail to
the person who submitted such plan within fifteen days after such decision is rendered. A copy of any
decision on a coastal site plan for a shoreline flood and erosion control structure shall be sent to the
Commissioner of Environmental Protection within fifteen days after such decision is rendered. The
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commission shall publish notice of the approval or denial of a coastal site plan, in a newspaper having a
general circulation in the municipality, not more than fifteen days after such decision is rendered.
(g) The coastal site plan review required under this section shall be subject to the same statutory
requirements as subsections (a) and (b) of section 8‐7d for the purposes of determining the time
limitations on the zoning commission in reaching a final decision.
(h) In addition to the requirements of subsection (f) of section 8‐3, no building permit or certificate of
occupancy shall be issued for a building, use or structure subject to the zoning regulations of a
municipality and located fully or partially within the coastal boundary, or for any shoreline flood and
erosion control structure as defined in subsection (c) of this section, and located fully or partially within
the coastal boundary, without certification in writing by the official charged with enforcement of such
regulations that such building, use, structure or shoreline flood and erosion control structure has been
reviewed and approved in accordance with the requirements of this chapter or is a use exempt from
such review under regulations adopted by the zoning commission in accordance with this section.
(i) A municipality by vote of its legislative body may delegate its responsibility for coastal site plan
review under this section to a special district exercising zoning authority under special act for the area
within both the coastal boundary and limits of the special district, subject to acceptance by the special
district of such responsibility following the procedures listed in section 7‐327. The municipality may
revoke the delegation of such responsibilities and the special district may also revoke acceptance of
such responsibility under this subsection at any time. Notwithstanding the provisions of this subsection,
the town of Groton shall delegate authority for coastal site plan review to the Noank fire district.
(j) A municipal zoning commission reviewing, in accordance with this section, a coastal site plan for a
building use, structure, or shoreline flood and erosion control structure occurring within the limits of a
special district exercising zoning authority under special act shall provide a copy of the coastal site plan
to the chief elected official of such district and shall provide an adequate opportunity for comment by
such official prior to making a final decision on the coastal site plan. A special district delegated the
responsibility for coastal site plan reviews in accordance with subsection (i) of this section shall provide
a copy of any coastal site plan submitted for its review to the municipal zoning commission of the town
in which the project is to occur and shall provide an adequate opportunity for comment by the zoning
commission prior to making a final decision on the coastal site plan.
Sec. 22a‐110. Testimony by commissioner on municipal actions. Appeals. The commissioner or his
designee may submit written testimony to any municipal board or commission and may appear by right
as a party to any hearing before such municipal board or commission concerning any proposed
municipal plan of conservation and development or zoning regulations or changes thereto affecting the
area within the coastal boundary or the review of a coastal site plan or a municipal approval, permit or
license for a building, use or structure affecting the area within the coastal boundary and said
commissioner may appeal, or appear as a party to any appeal of, a municipal decision concerning such
matters whether or not he has appeared as a party before the municipal board or commission. If the
decision of such board or commission is upheld by a court of competent jurisdiction, the state shall
reimburse the municipality within three months for all costs incurred in defending the decision.
Sec. 22a‐111. Connecticut River Gateway Committee. Consistency.
(a) The minimum standards established by the Connecticut River Gateway Committee under section
25‐102d and revisions to such standards adopted by the Connecticut River Gateway Commission under
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subsection (c) of section 25‐102g before January 1, 1980, shall be deemed to be consistent with the
goals, policies and purposes of this chapter.
(b) On or after January 1, 1980, the commission shall make no revisions to such standards which are
inconsistent with the goals and policies stated in subsections (a) and (b) of section 22a‐92.
(c) No provision of this chapter shall be deemed to derogate from the authority of the commission to
approve or disapprove the adoption, amendment or repeal of local zoning, subdivision or planning
regulations under subsection (b) of section 25‐102g, provided any such approval or disapproval shall be
consistent with the goals and policies stated in subsections (a) and (b) of section 22a‐92.
Sec. 22a‐112. Financial assistance. Grants to municipalities. Contracts or grant agreements
concerning coastal management.
(a) In order to carry out the purposes of this chapter, the commissioner shall equitably allocate any
funds received for the implementation of this chapter between coastal‐related state programs, which
may include coastal research projects, and municipal coastal programs.
(b) Upon receipt by the commissioner of a written application from a coastal municipality, said
commissioner shall make a grant to such municipality of not less than twenty‐five hundred dollars to be
used to carry out the responsibilities of such municipality under this chapter, provided, on or after July
1, 1980, funds shall be allocated to coastal municipalities in accordance with subsections (c) and (d) of
this section.
(c) The commissioner shall provide, within available appropriations, continuing financial assistance to
coastal municipalities to carry out their responsibilities under this chapter. Municipalities may apply
annually for financial assistance in carrying out their responsibilities for municipal coastal site plan
reviews under sections 22a‐105 to 22a‐109, inclusive, and for the purpose of preparing and
implementing municipal coastal programs under sections 22a‐101 to 22a‐104, inclusive. The
commissioner shall, by regulations adopted in accordance with chapter 54, establish reasonable
application requirements consistent with federal application requirements. In reviewing municipal
applications for financial assistance the commissioner shall consider: (1) The area, length of shorefront,
population and development pressures within the municipality's coastal boundary, (2) the nature of the
municipality's coastal resources and coastal‐related problems, (3) the demonstrated capacity and
commitment of the municipality to carrying out the purposes of this chapter, (4) the number of coastal
site plan reviews conducted by the municipality, (5) the availability of funds, and (6) the state plan for
conservation and development adopted pursuant to part I of chapter 297.
(d) Not less than thirty per cent of any funds received annually by the state under Section 306 of the
federal Coastal Zone Management Act shall be provided annually to coastal municipalities for
municipal coastal site plan reviews under sections 22a‐105 to 22a‐109, inclusive. Up to an additional
twenty per cent of any funds received annually by the state under Section 306 of the federal Coastal
Zone Management Act shall as a first priority be provided annually to assist coastal municipalities which
have chosen to prepare and implement a municipal coastal program under sections 22a‐101 to 22a‐104,
inclusive, provided, if in any one year the total amount of all grants to municipalities which have agreed
to adopt municipal coastal programs is less than twenty per cent of such federal funds received in that
year, the difference shall be allocated for the purposes of this chapter in accordance with subsection (a)
of this section.
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(e) Any funds appropriated to the Department of Environmental Protection for the purposes of
subsection (b) of this section and for the purpose of providing matching funds to implement a coastal
management program pursuant to this chapter which are not used for such purposes shall be allocated
to coastal municipalities in accordance with subsection (c) of this section.
(f) The legislative body of a municipality or, in the case of a municipality for which the legislative body is
a town meeting or a representative town meeting, the board of selectmen may, by majority vote,
authorize the chief executive officer to enter into contracts or grant agreements concerning coastal
management with the commissioner. Such contracts or agreements include but are not limited to
those for funding of coastal site plan review, municipal coastal program and any other demonstration
or coastal research project funded in accordance with this section.
Sec. 22a‐359. (Formerly Sec. 25‐7b). Regulation of dredging and erection of structures and
placement of fill in tidal, coastal or navigable waters. Sunken or grounded vessels.
(a) The Commissioner of Environmental Protection shall regulate dredging and the erection of
structures and the placement of fill, and work incidental thereto, in the tidal, coastal or navigable
waters of the state waterward of the high tide line. Any decisions made by the commissioner pursuant
to this section shall be made with due regard for indigenous aquatic life, fish and wildlife, the
prevention or alleviation of shore erosion and coastal flooding, the use and development of adjoining
uplands, the improvement of coastal and inland navigation for all vessels, including small craft for
recreational purposes, the use and development of adjacent lands and properties and the interests of
the state, including pollution control, water quality, recreational use of public water and management
of coastal resources, with proper regard for the rights and interests of all persons concerned.
(b) After consultation with the Commissioner of Transportation, the Commissioner of Environmental
Protection may consider any sunken or grounded vessel, scow, lighter or similar structure lying within
the tidal, coastal or navigable waters of the state to be an encroachment subject to the provisions of
this section and sections 22a‐360 to 22a‐363, inclusive.
(c) As used in this section and sections 22a‐360 to 22a‐363, inclusive, "high tide line" means a line or
mark left upon tide flats, beaches, or along shore objects that indicates the intersection of the land with
the water's surface at the maximum height reached by a rising tide. The mark may be determined by (1)
a line of oil or scum along shore objects, (2) a more or less continuous deposit of fine shell or debris on
the foreshore or berm, (3) physical markings or characteristics, vegetation lines, tidal gauge, or (4) by
any other suitable means delineating the general height reached by a rising tide. The term includes
spring high tides and other high tides that occur with periodic frequency but does not include storm
surges in which there is a departure from the normal or predicted reach of the tide due to the piling up
of water against a coast by strong winds such as those accompanying a hurricane or other intense
storm.
Sec. 22a‐360. (Formerly Sec. 25‐7c). Establishment of boundaries. In order to carry out the purposes
of sections 22a‐359 to 22a‐363, inclusive, the commissioner is authorized to establish boundaries
waterward of the high tide line along tidal, coastal and navigable waters for equitable regulation of use,
dredging, obstruction and encroachment thereof, and to establish areas for development of small boat
basins or other facilities, provided such establishments shall be made in accordance with a general plan
prepared for the orderly development of the area or region.
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Sec. 22a‐361. (Formerly Sec. 25‐7d). Permit for dredging or erection of structures, placement of fill
or mooring areas. Regulations. General permits. Removal of sand and gravel. Fee.
(a) No person, firm or corporation, public, municipal or private, shall dredge, erect any structure, place
any fill, obstruction or encroachment or carry out any work incidental thereto or retain or maintain any
structure, dredging or fill, in the tidal, coastal or navigable waters of the state waterward of the high
tide line until such person, firm or corporation has submitted an application and has secured from said
commissioner a certificate or permit for such work and has agreed to carry out any conditions
necessary to the implementation of such certificate or permit. Each application for a permit, except for
an emergency authorization, for any structure, filling or dredging which uses or occupies less than five
thousand five hundred square feet in water surface area based on the perimeters of the project shall be
accompanied by a fee equal to eighty cents per square foot provided such fee shall not be less than five
hundred twenty‐five dollars. Each application for a permit for any structure, filling or dredging which
uses or occupies five thousand five hundred square feet or more but less than five acres in water surface
area based on the perimeters of the project shall be accompanied by a fee of three thousand three
hundred dollars plus ten cents per square foot for each square foot in excess of five thousand five
hundred square feet. Each application for a permit for any structure, filling or dredging which uses or
occupies five or more acres in water surface area based on the perimeters of the project shall be
accompanied by a fee of nineteen thousand two hundred twenty‐three dollars plus five hundred
twenty‐five dollars per acre for each acre or part thereof in excess of five acres. Each application for a
mooring area or multiple mooring facility, regardless of the area to be occupied by moorings, shall be
accompanied by a fee of five hundred twenty‐five dollars provided that such mooring areas or facilities
shall not include fixed or floating docks, slips or berths. Application fees for aquaculture activities shall
not be based on aerial extent. The commissioner may waive or reduce any fee payable to him for (1) a
tidal wetlands or coastal resource restoration or enhancement activity, (2) experimental activities or
demonstration projects, (3) nonprofit academic activities, or (4) public access activities in tidal, coastal
or navigable waters, provided no fee shall be waived or reduced for activities required by statute,
regulation, permit, order or enforcement action. As used in this section, "resource restoration or
enhancement activity" means an action taken to return a wetland or coastal resource to a prior natural
condition or to improve the natural functions or habitat value of such resource, but shall not include
actions required pursuant to an enforcement action of the commissioner, and "public access activities"
means activities whose principal purpose is to provide or increase access for the general public to tidal,
coastal or navigable waters, including, but not limited to, boardwalks, boat ramps, observation areas
and fishing piers.
(b) The commissioner, at least thirty days before approving or denying an application for a permit, shall
provide or require the applicant to provide, by certified mail, return receipt requested, to the applicant,
to the Commissioner of Transportation, the Attorney General and the Commissioner of Agriculture and
to the chief executive officer, the chairmen of the planning, zoning, harbor management and shellfish
commissions of each town in which such structure, fill, obstruction, encroachment or dredging is to be
located or work to be performed, and to the owner of each franchised oyster ground and the lessee of
each leased oyster ground within which such work is to be performed and shall publish once in a
newspaper having a substantial circulation in the area affected, notice of (1) the name of the applicant;
(2) the location and nature of the proposed activities; (3) the tentative decision regarding the
application; and (4) any additional information the commissioner deems necessary. There shall be a
comment period following the public notice during which interested persons may submit written
comments. The commissioner may hold a public hearing prior to approving or denying an application if,
in the commissioner's discretion, the public interest will best be served by holding such hearing. The
commissioner shall hold a public hearing if the commissioner receives a petition requesting such
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hearing that is signed by twenty‐five or more persons and an application will: (A) Significantly impact
any shellfish area, as determined by the director of the Bureau of Aquaculture at the Department of
Agriculture, (B) have interstate ramifications, or (C) involve any project that requires a certificate issued
pursuant to section 16‐50k or approval by the Federal Energy Regulatory Commission. Following such
notice and comment period and public hearing, if applicable, the commissioner may, in whole or in
part, approve, modify and approve or deny the application. The commissioner shall provide to the
applicant and the persons set forth above, by certified mail, return receipt requested, notice of his
decision. If the commissioner requires the applicant to provide the notice specified in this subsection,
the applicant shall certify to the commissioner, no later than twenty days after providing such notice,
that such notice has been provided in accordance with this subsection.
(c) The Commissioner of Environmental Protection may adopt, in accordance with the provisions of
chapter 54, regulations to carry out the provisions of sections 22a‐359 to 22a‐363, inclusive. Such
regulations shall establish the procedures for reviewing and acting upon applications for permits,
certificates of permission and emergency authorizations. The regulations shall be consistent with
sections 22a‐28 to 22a‐35, inclusive, and regulations adopted thereunder, sections 22a‐90 to 22a‐100,
inclusive, and sections 22a‐113k to 22a‐113t, inclusive. They shall establish criteria for granting,
denying, limiting, conditioning or modifying permits giving due regard for the impact of regulated
activities and their use on the tidal, coastal or navigable waters of the state, adjoining coastal and tidal
resources, tidal wetlands, navigation, recreation, erosion, sedimentation, water quality and circulation,
fisheries, shellfisheries, wildlife, flooding and other natural disasters and water‐dependent use
opportunities as defined in section 22a‐93. The regulations may provide for consideration of local, state
and federal programs affecting tidal, coastal and navigable waters of the state and the development of
the uplands adjacent thereto and may set forth informational material describing general categories of
regulated activities for the purpose of providing permit applicants with a more explicit understanding of
the regulations. Such informational material shall be consistent with and shall not increase the
discretion granted to the commissioner under the policies, standards and criteria contained in sections
22a‐359, 22a‐92 and 22a‐93, and this section.
(d) (1) The Commissioner of Environmental Protection may issue a general permit for any minor activity
regulated under sections 22a‐28 to 22a‐35, inclusive, or sections 22a‐359 to 22a‐363f, inclusive, if the
commissioner determines that such activity would (A) cause minimal environmental effects when
conducted separately, (B) cause only minimal cumulative environmental effects, (C) not be inconsistent
with the considerations and the public policy set forth in sections 22a‐28 to 22a‐35, inclusive, and
section 22a‐359, as applicable, (D) be consistent with the policies of the Coastal Management Act, and
(E) constitute an acceptable encroachment into public lands and waters. Such activities may include
routine minor maintenance and routine minor repair of existing structures, fill, obstructions,
encroachments or excavations; substantial maintenance consisting of rebuilding, reconstructing or
reestablishing to a preexisting condition and dimension any structure, fill, obstruction, encroachment
or excavation; maintenance dredging of areas which have been dredged and continuously maintained
as serviceable; activities allowed pursuant to a perimeter permit; the removal of structures, derelict
vessels, debris, rubbish or similar discarded material or unauthorized fill material; minor alterations or
amendments to authorized activities consistent with the authorization for such activities; activities
which have been required or allowed by an order of the commissioner; open water marsh management
by or under the supervision of the Department of Public Health or Department of Environmental
Protection; conservation activities of or under the supervision or direction of the Department of
Environmental Protection; construction of individual residential docks which do not create littoral or
riparian conflicts, navigational interference, or adverse impacts to coastal resources as defined by
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section 22a‐93, which are not located in tidal wetlands as defined by section 22a‐29 and which extend
no further than forty feet waterward of mean high water or to a depth of minus four feet mean low
water, whichever point is more landward; installation of scientific measuring or monitoring devices;
survey activities including excavation of test pits and core sampling and driving of test pilings;
construction of utility lines; aquacultural activities; and installation and removal of small seasonal
structures including floats and moorings. Any person conducting an activity for which a general permit
has been issued shall not be required to obtain an individual permit or certificate under any other
provision of sections 22a‐28 to 22a‐35, inclusive, or sections 22a‐359 to 22a‐363f, inclusive, for that
activity except as provided in subdivision (3) of this subsection. A general permit shall clearly define the
activity covered thereby and may include such conditions and requirements as the commissioner
deems appropriate, including, but not limited to, construction timing, methodologies and durations,
resource protection practices, management practices, and verification and reporting requirements. The
general permit may require any person proposing to conduct any activity under the general permit to
register such activity, including obtaining approval from the commissioner, before the general permit
becomes effective as to such activity. Registrations
and applications for approval under the general permit shall be submitted on forms prescribed by the
commissioner. Any approval by the commissioner under a general permit may include conditions
specific to the proposed activity to ensure consistency with the requirements for issuance of the
general permit. The commissioner shall prepare, and annually amend, a list of holders of general
permits under this section, which list shall be made available to the public.
(2) Notwithstanding any other procedures specified in sections 22a‐28 to 22a‐35, inclusive, and
sections 22a‐359 to 22a‐363f, inclusive, any regulations adopted thereunder, and chapter 54, the
commissioner may issue a general permit in accordance with the following procedures: (A) The
commissioner shall publish in a newspaper having a substantial circulation in the affected area or areas
notice of intent to issue a general permit; (B) the commissioner shall allow a comment period of thirty
days following publication of such notice during which interested persons may submit written
comments concerning the permit to the commissioner and the commissioner shall hold a public
hearing if, within said comment period, he receives a petition signed by at least twenty‐five persons; (C)
the commissioner may not issue the general permit until after the comment period; (D) the
commissioner shall publish notice of any permit issued in a newspaper having substantial circulation in
the affected area or areas; and (E) summary suspension may be ordered in accordance with subsection
(c) of section 4‐182. Any person may request that the commissioner issue, modify or revoke a general
permit in accordance with this subsection.
(3) Subsequent to the issuance of a general permit, the commissioner may require any person
whose activity is or may be covered by the general permit to apply for and obtain an individual permit
or certificate under the provisions of sections 22a‐28 to 22a‐35, inclusive, or sections 22a‐359 to 22a‐
363f, inclusive, for all or any portion of the activities covered by the general permit, if the commissioner
determines that an individual permit is necessary to assure consistency with purposes and policies of
such sections, and the Coastal Management Act. The commissioner may require an individual permit
under this subdivision in cases including, but not limited to, the following: (A) The permittee is not in
compliance with the conditions of the general permit; (B) an individual permit or certificate is
appropriate because of circumstances specific to the site; (C) circumstances have changed since the
time the general permit was issued so that the permitted activity is no longer acceptable under the
general permit; or (D) a change has occurred in relevant law. The commissioner may require an
individual permit or certificate under this section only if the affected person has been notified in writing
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that an individual permit or certificate is required. The notice shall include a brief statement of the
reasons for the decision.
(4) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to
carry out the purposes of this section.
(5) Notwithstanding any provision of sections 22a‐359 to 22a‐363f, inclusive, pending issuance of a
general permit for aquaculture activities by the commissioner in accordance with this section, no permit
or certificate shall be required for the placement, maintenance or removal of (A) individual structures
used for aquaculture, as defined in section 22‐416, including, but not limited to, cages or bags, which
are located on designated state or municipal shellfish beds which structures create no adverse impacts
on coastal resources or navigation over their location or (B) any buoys used to mark such structures.
Upon issuance of a general permit for aquaculture activities in accordance with this section, any
aquaculture activities shall comply with the terms of such general permit or other applicable provisions
of sections 22a‐359 to 22a‐363f, inclusive.
(e) No person, firm or corporation, public, municipal or private, who removes sand, gravel or other
material lying waterward of the mean high water mark of the tidal, coastal or navigable waters of the
state pursuant to a permit issued under this section on or after October 1, 1996, shall make any
beneficial or commercial use of such sand, gravel or other material except upon payment to the state of
a fee of four dollars per cubic yard of such sand, gravel and other materials. Such payment shall be
made at times and under conditions specified by the commissioner in such permit. No fee shall be
assessed for (1) the performance of such activities on land which is not owned by the state, (2) the use
of sand, gravel or other materials for beach restoration projects, or (3) ultimate disposal of such sand,
gravel or other materials which does not result in an economic benefit to any person. For the purposes
of this section, "beneficial or commercial use" includes, but is not limited to, sale or use of sand, gravel
or other materials for construction, aggregate, fill or landscaping.
(f) When any damage may arise to any person, firm or corporation from the taking of sand, gravel or
other material as provided in subsection (e) of this section and the applicant authorized by the
commissioner to take sand, gravel or other material cannot agree with such person, firm or corporation
as to the amount of damage which may result from such taking, the commissioner shall require the
applicant, as a condition precedent to the taking of sand, gravel or material pursuant to any permit
hereunder, to post bond, with good and sufficient surety, or to deposit such sum with the State
Treasurer, for the protection of any person, firm or corporation claiming damage which may result from
such taking, as the commissioner determines sufficient to cover all damages, including interest from
the date of the taking, which could reasonably result to any person, firm or corporation from such
taking.
(g) The procedure for the subsequent determination of the amount of actual damage shall be as
follows: The commissioner shall prefer a petition to the superior court for the judicial district of Hartford
or to a judge thereof in vacation, praying that the amount of such damage may be determined. Such
petition shall be accompanied by a summons signed by competent authority, to be served as process in
civil action before said court, notifying the applicant and any person, firm or corporation claiming
damage from the taking, to appear before said court or such judge, and thereupon said court or judge
shall appoint a committee of three disinterested persons, one of whom may be a state referee, who
shall be sworn before commencing their duties. Such committee, after giving reasonable notice to all
parties of the time and place of hearing, shall hear and receive evidence from all parties concerning the
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damage and shall make an award. Such committee shall make a report of its doings and the award to
said court or such judge, who may accept such report or reject it for irregular or improper conduct by
the committee in the performance of its duties. If the report is rejected, the court or judge shall appoint
another committee, which shall proceed in the same manner as the first committee was required to
proceed. If the report is accepted, such acceptance shall have the effect of a judgment and the
applicant shall pay the amount of any such award to the clerk of the Superior Court for the account of
the persons entitled thereto within sixty days after the judgment is entered or, in the case of an appeal,
after the final judgment. Any party may, within sixty days, appeal such judgment in the manner
provided by law.
Sec. 22a‐361a. Civil penalty. Any person who violates, continues or maintains any violation of any
provision of sections 22a‐359 to 22a‐363f, inclusive, or violates, continues or maintains a violation of
any term or condition of any permit, certificate, authorization or order issued pursuant to said sections
shall be liable for a civil penalty of not more than one thousand dollars for each offense. Each violation
shall be a separate and distinct offense and in the case of a continuing violation each day's continuance
thereof shall be deemed to be a separate and distinct offense. The Commissioner of Environmental
Protection may request the Attorney General to bring a civil action in the superior court for the judicial
district of Hartford to seek imposition and recovery of such civil penalty.
Sec. 22a‐362. (Formerly Sec. 25‐7e). Violations as public nuisance. Any violation of sections 22a‐359
to 22a‐361, inclusive, or any violation of the terms or conditions of a certificate, permit or authorization
issued pursuant to said sections shall be considered a public nuisance. The Attorney General shall, at
the request of the commissioner, institute proceedings to enjoin or abate any such nuisance.
Sec. 22a‐363. (Formerly Sec. 25‐7f). Penalty for violation. Any person violating any provision of
sections 22a‐359 to 22a‐362, inclusive, shall be fined not less than fifteen dollars nor more than fifty
dollars or imprisoned not less than ten days nor more than thirty days or be both fined and imprisoned.
Sec. 22a‐363a. Definitions. For the purposes of this section and sections 22a‐361, 22a‐361a, 22a‐362,
and 22a‐363a, 22a‐363b and 22a‐363d to 22a‐363f, inclusive: "Substantial maintenance" means
rebuilding, reconstructing, or reestablishing to a preexisting condition and dimension any structure, fill,
obstruction or encroachment, including maintenance dredging; "routine maintenance" means
replacement and repair of out‐of‐water structures including the surfaces of docks, piers, wharves and
bridges, replacement or repair in any year of up to twenty‐five per cent of all pilings approved in
accordance with section 22a‐361 and seasonal installation, reinstallation or repair of floating docks,
provided that all locations, dimensions, elevations and materials shall remain the same as or equivalent
to that approved in accordance with said section; "perimeter permit" means a permit issued in
accordance with said section, establishing boundaries waterward of the high tide line within which
recreational marinas layout of in‐water slips, docks and moorings may be reconfigured; "work" means
any activity, construction, or site preparation, erection of structures or placement of fill, including but
not limited to grading, excavating, dredging or disposing of dredged material, depositing of soil,
stones, sand, gravel, mud, aggregate or construction materials, filling, removing vegetation or other
material, or other modification of a site within the tidal, coastal or navigable waters of the state
waterward of the high tide line.
Sec. 22a‐363b. Activities eligible for certificate of permission. Exemptions. Issuance of certificate.
Failure of commissioner to respond.
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(a) Routine maintenance of permitted structures, fill, obstructions or encroachments or routine
maintenance of structures, fill, obstructions or encroachments in place prior to June 24, 1939, and
continuously maintained and serviceable since that date shall be exempt from the requirements of
obtaining certificates of permission or permits pursuant to section 22a‐363a, this section or section 22a‐
361. The following activities may be eligible for a certificate of permission, in accordance with the
provisions of subsections (c) and (d) of this section: (1) Substantial maintenance or repair of existing
structures, fill, obstructions or encroachments authorized pursuant to section 22a‐33 or section 22a‐
361; (2) substantial maintenance of any structures, fill, obstructions or encroachments in place prior to
June 24, 1939, and continuously maintained and serviceable since such time; (3) maintenance dredging
of areas which have been dredged and continuously maintained and serviceable as authorized pursuant
to section 22a‐33 or section 22a‐361; (4) activities allowed pursuant to a perimeter permit and requiring
authorization by the commissioner; (5) the removal of derelict structures or vessels; (6) minor
alterations or amendments to permitted activities consistent with the original permit; (7) minor
alterations or amendments to activities completed prior to June 24, 1939; (8) placement of temporary
structures for water‐dependent uses, as defined in section 22a‐93; (9) open water marsh management
and conservation activities undertaken by or under the supervision of the Department of Environmental
Protection; and (10) the placement or reconfiguration of piers, floats, docks or moorings within existing
waterward boundaries of recreational marinas or yacht clubs which have been authorized pursuant to
section 22a‐33 or 22a‐361. Notwithstanding the provisions of sections 22a‐29 to 22a‐35, inclusive, the
commissioner may issue a certificate of permission for activities enumerated in this subsection which
are to be conducted in tidal wetlands. Upon issuance, such certificate shall be in lieu of the permit
required pursuant to section 22a‐32.
(b) The commissioner may issue a certificate of permission for activities which have been completed
prior to January 1, 1980, for which permits, certificates or emergency authorizations are required
pursuant to section 22a‐32, this section, section 22a‐361 or 22a‐363d, which have been conducted
without such permit, certificate or emergency authorization, provided the applicant demonstrates that
such activity does not interfere with navigation or littoral or riparian rights and does not cause adverse
impacts on coastal resources, as defined in section 22a‐93. In determining the eligibility of activities
conducted without prior authorization, the commissioner may consider whether the applicant acquired
such real estate interest in the work site after the date of conduct of the unauthorized activity, is not
otherwise liable for the unauthorized activity as a result of actions taken prior to the acquisition and did
not know and had no reason to know of the unauthorized activity. The commissioner may authorize the
maintenance of unauthorized activities consistent with this subsection. Unauthorized activities which
are ineligible for certificates of permission may be subject to applicable enforcement actions by the
commissioner.
(c) A request for a certificate of permission shall be made to the Commissioner of Environmental
Protection. If a proposed activity is within a category listed in subsection (a) or (b) of this section the
commissioner may, in whole or in part, approve, modify and approve or deny a certificate. The
commissioner shall issue such a certificate if the eligible proposed activity is consistent with a permit
issued pursuant to section 22a‐33 or 22a‐361 or was in place prior to June 24, 1939, and continuously
maintained and serviceable since such time. If the eligible proposed activity does not have a permit or
has not received any prior permits, the commissioner shall determine if the information provided is
sufficient to determine if the proposed activity complies with the applicable standards and criteria and
may (1) issue a certificate of permission if the commissioner finds that the information indicates
compliance with all applicable standards and criteria, or (2) require the submittal of a complete
application for a permit pursuant to section 22a‐32 or 22a‐361, if the commissioner finds that the
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information is not sufficient to indicate compliance with the standards and criteria. If the commissioner
finds that changes in conditions or circumstances associated with a permitted structure, fill, obstruction
or encroachment are likely to result in significant impacts to the environment or coastal resources, the
commissioner may require an application for a permit pursuant to section 22a‐32 or 22a‐361. If the
commissioner finds that the structure, fill, obstruction or encroachment is not in substantial compliance
with the permit or authorization under which a certificate of permission is requested, and is not
consistent with applicable standards and criteria, the commissioner shall not issue a certificate of
permission. For the purposes of this subsection, standards and criteria are those specified in sections
22a‐33 and 22a‐359 and regulations adopted pursuant to section 22a‐30, in any regulations adopted
pursuant to subsection (c) of said section 22a‐361, in the water quality standards of the Department of
Environmental Protection, and in sections 22a‐92 and 22a‐98 for activities within the coastal boundary,
as defined in section 22a‐93.
(d) The commissioner shall, within forty‐five days of receipt of a request for a certificate of permission,
issue such certificate or notify the person making such request that (1) additional information or an
application for a permit pursuant to section 22a‐32 or section 22a‐361 is required or (2) the structure,
fill, obstruction or encroachment is not eligible for a certificate of permission. If the commissioner
requests additional information from an applicant, the commissioner shall make a determination on the
application no later than ninety days from the date of receipt of the request for a certificate of
permission. If the commissioner fails to respond within forty‐five days of receipt of a request, the
certificate of permission shall be deemed approved, except that no certificate of permission for
dredging, activities located within tidal wetlands, as defined in section 22a‐29, or activities conducted
without prior authorization shall be deemed approved by virtue of the commissioner's failure to
respond.
(e) Notwithstanding the provisions of the general statutes, the commissioner shall not issue a
certificate of permission for a pound net, weir or similar fish harvesting structure that was not utilized
prior to June 6, 2001. The commissioner may issue a permit for such fish harvesting structure, in
accordance with section 22a‐361, provided, if the commissioner receives a petition signed by twenty‐
five or more persons during the public comment period provided in subsection (b) of section 22a‐361 for
the application for any such permit, the commissioner shall hold a public hearing on such permit
application.
Sec. 22a‐363c. Application fee. Each application for a certificate of permission, pursuant to section
22a‐363b shall be accompanied by a fee of three hundred dollars.
Sec. 22a‐363d. Emergency authorization. Expiration. In situations which may result in immediate,
unforeseen and unacceptable hazards to life, health or welfare or significant loss of property if
corrective action otherwise requiring a permit or a certificate of permission is not undertaken, the
commissioner shall expeditiously approve or deny, upon notification and request by the affected
property owner, the authorized person or the appropriate federal, state or local authority, the issuance
of an emergency authorization to take any corrective action the commissioner deems necessary. The
commissioner shall establish the duration of the emergency authorization and such emergency
authorization may be extended for a specified period of time if, after all reasonable efforts by the
applicant, the emergency has not been abated or for other reasonable cause. Upon the expiration of an
emergency authorization, a complete application, in accordance with section 22a‐361 or a request for a
certificate of permission, in accordance with section 22a‐363b, for the retention or continuation of the
work performed under the emergency authorization shall be submitted. Any work, structure, fill,
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obstruction or encroachment authorized on an emergency basis for which an application or request is
not received within thirty days after the expiration of the emergency authorization shall be considered
unauthorized and subject to all enforcement authorities of the commissioner. This section shall include
the repair or reconstruction of structures, fill, obstructions or encroachments damaged or destroyed by
an act of nature or casualty loss necessary to avoid economic damage to ongoing commercial activities
if the commissioner is notified by the property owner or authorized person of the damage and
proposed corrective action within fifteen days of the causative event. Failure to continuously maintain,
except for hidden physical or structural damage, a structure, fill, obstruction or encroachment shall not
be grounds for emergency authorization.
Sec. 22a‐363e. Failure to comply with order. Littoral owner as responsible party. When,
notwithstanding any request for a hearing or a pending appeal, any person fails to comply, within a
reasonable time as established by order of the commissioner, with any requirement to discontinue,
remove or otherwise abate or alleviate any condition found by the commissioner to constitute an
imminent and substantial hazard to public safety or navigation or likely to cause imminent and
substantial damage to the environment, the commissioner shall have authority to remove, abate or
alleviate any such condition. The commissioner may assess reasonable costs and expenses incurred in
such removal, abatement or alleviation against the person responsible. The Attorney General shall, at
the request of the commissioner, institute proceedings to collect any such assessment. For the
purposes of this section, in the event that the person responsible for causing, retaining or maintaining
such condition cannot be determined, the littoral owner shall be deemed to be the responsible person
except in the case of vessels abandoned on the property of such owner. Nothing in this section shall be
construed to preclude the commissioner from exercising any other enforcement authority.
Sec. 22a‐363f. Cease and desist orders. Hearing. Decision. Whenever the commissioner finds after
investigation that any person is conducting or is about to conduct an activity for which a certificate,
permit or authorization is required without obtaining such certificate, permit or authorization he may,
without prior hearing, issue a cease and desist order in writing to such person to discontinue, abate or
alleviate such condition or activity. Upon receipt of such order and until such time as a new decision
based upon a hearing is made such person shall immediately discontinue, abate or alleviate or shall
refrain from causing, engaging in or maintaining such condition or activity. The commissioner shall,
within ten days of such order, hold a hearing to provide the person with an opportunity to be heard and
show that (1) no certificate, permit or authorization was required, or (2) required certificates, permits or
authorizations have been obtained. A new decision based on the hearing shall be made within ten days
of the close of the hearing or the filing of briefs.
Sec. 22a‐416. (Formerly Sec. 25‐26). Pollution of waterways. Qualifications of operators.
Delegation of authority.
(a) The Commissioner of Environmental Protection shall examine all existing or proposed disposal
systems, and shall compel their operation in a manner which shall conserve and protect the natural
resources and environment of Connecticut and protect the public health, safety and welfare.
(b) No disposal system shall be built or operated until the plan or design of the same and the method of
operation thereof have been filed with said commissioner and approved by him, and no such system or
facility shall be extended or replaced, until the plan for the same has been approved by him. This
subsection shall not apply to any disposal system treating a discharge for which a permit has been
issued under section 22a‐430 or 22a‐430b.
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(c) The commissioner may, by regulations adopted in accordance with the provisions of chapter 54,
delegate to municipalities or regional sewer authorities the authority to review and approve plans and
specifications for the design and construction of sanitary sewers. Such regulations may include, but not
be limited to, provisions for (1) minimum design and construction requirements, (2) the retention of
such authority by the commissioner for certain types of facilities or environmentally sensitive areas, and
(3) the identity of municipalities and regional sewer authorities to which such authority is delegated.
(d) As used in this section the terms "class I", "class II", "class III" and "class IV" mean the classifications
of wastewater treatment plants provided for in regulations adopted by the Department of
Environmental Protection. The Commissioner of Environmental Protection may establish requirements
for the presence of approved operators at pollution abatement facilities. Applicants for class I and class
II certificates shall only be required to pass the relevant standardized national examination prepared by
the Association of Boards of Certification for Wastewater Treatment Facility Operators. Applicants for
class III and class IV certificates shall only be required to pass the relevant standardized national
examination prepared by the Association of Boards of Certification for Wastewater Treatment Facility
Operators supplemented with additional questions submitted by the commissioner to such board.
Operators with certificates issued by the commissioner prior to May 16, 1995, shall not be required to
be reexamined. The commissioner shall administer and proctor the examination of all applicants. The
qualifications of the operators at such facilities shall be subject to the approval of the commissioner.
The commissioner may adopt regulations, in accordance with the provisions of chapter 54, requiring all
operators at pollution abatement facilities to satisfactorily complete, on a regular basis, a state‐
certified training course, which may include training on the type of municipal pollution abatement
facility at which the operator is employed and training concerning regulations promulgated during the
preceding year. Any applicant for certification who passed either the examination prepared and
administered on December 8, 1994, by the commissioner or the examination prepared by the
Association of Boards of Certification for Wastewater Treatment Facility Operators and administered
on December 8, 1994, by the commissioner shall be issued the appropriate certificate in accordance
with the regulations adopted under this section.
Sec. 22a‐417. (Formerly Sec. 25‐26a). Discharge of sewage into tributaries of water supply
impoundments or Salmon River. (a) No person or municipality shall discharge any sewage into any
waters of the state which are tributary to an existing water supply impoundment or any proposed water
supply impoundment identified in the long‐range plan for management of water resources prepared
and adopted pursuant to section 22a‐352.
(b) No person or municipality shall discharge into the Salmon River or any of its tributaries any sewage
or any other effluent which is less than tertiary treated.
Sec. 22a‐418. (Formerly Sec. 25‐27). Complaints concerning pollution of waters; investigation;
orders. Section 22a‐418 is repealed.
Secs. 22a‐419 to 22a‐421. Reserved for future use.
Sec. 22a‐422. (Formerly Sec. 25‐54a). Declaration of policy. It is found and declared that the pollution
of the waters of the state is inimical to the public health, safety and welfare of the inhabitants of the
state, is a public nuisance and is harmful to wildlife, fish and aquatic life and impairs domestic,
agricultural, industrial, recreational and other legitimate beneficial uses of water, and that the use of
public funds and the granting of tax exemptions for the purpose of controlling and eliminating such
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pollution is a public use and purpose for which public moneys may be expended and tax exemptions
granted, and the necessity and public interest for the enactment of this chapter and the elimination of
pollution is hereby declared as a matter of legislative determination.
Sec. 22a‐423. (Formerly Sec. 25‐54b). Definitions. As used in this chapter: "Commissioner" means the
Commissioner of Environmental Protection or his designated agent; "waters" means all tidal waters,
harbors, estuaries, rivers, brooks, watercourses, waterways, wells, springs, lakes, ponds, marshes,
drainage systems and all other surface or underground streams, bodies or accumulations of water,
natural or artificial, public or private, which are contained within, flow through or border upon this state
or any portion thereof; "wastes" means sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the waters of the state; "sewage" means human and animal
excretions and all domestic and such manufacturing wastes as may tend to be detrimental to the public
health; "pollution" means harmful thermal effect or the contamination or rendering unclean or impure
or prejudicial to public health of any waters of the state by reason of any wastes or other material
discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly
to come in contact with any waters; "rendering unclean or impure" means any alteration of the physical,
chemical or biological properties of any of the waters of the state, including, but not limited to, change
in odor, color, turbidity or taste; "harmful thermal effect" means any significant change in the
temperature of any waters resulting from a discharge therein, the magnitude of which temperature
change does or is likely to render such waters harmful, detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate
beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; "person" means any
individual, partnership, association, firm, limited liability company, corporation or other entity, except a
municipality, and includes the federal government, the state or any instrumentality of the state, and
any officer or governing or managing body of any partnership, association, firm or corporation or any
member or manager of a limited liability company; "community pollution problem" means the
existence of pollution which, in the sole discretion of the commissioner, can best be abated by the
action of a municipality; "municipality" means any metropolitan district, town, consolidated town and
city, consolidated town and borough, city, borough, village, fire and sewer district, sewer district and
each municipal organization having authority to levy and collect taxes or make charges for its
authorized function; "discharge" means the emission of any water, substance or material into the
waters of the state, whether or not such substance causes pollution; "pollution abatement facility"
means any equipment, plant, treatment works, structure, machinery, apparatus or land, or any
combination thereof, acquired, used, constructed or operated for the storage, collection, reduction,
recycling, reclamation, disposal, separation or treatment of water or wastes, or for the final disposal of
residues resulting from the treatment of water or wastes, including, but not limited to: Pumping and
ventilating stations, facilities, plants and works; outfall sewers, interceptor sewers and collector sewers;
and other real or personal property and appurtenances incident to their use or operation; "potable
drinking water" means drinking water from an existing water supply for which treatment is provided or
an alternative supply, which the Commissioner of Public Health determines does not create an
unacceptable risk of injury to the health or safety of those persons using such water as a public or
private source of water for drinking or other personal or domestic uses. In making such determination,
the Commissioner of Public Health shall balance all relevant and substantive facts and inferences and
shall not be limited to a consideration of available statistical analysis but shall consider all the evidence
presented and any factor related to human health risks; "disposal system" means a system for disposing
of or eliminating wastes, either by surface or underground methods, and includes sewage systems,
pollution abatement facilities, disposal wells and other systems; "federal Water Pollution Control Act"
means the federal Water Pollution Control Act, 33 USC Section 466 et seq., including amendments
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thereto and regulations thereunder; "order to abate pollution" includes an order to abate existing
pollution or to prevent reasonably anticipated sources of pollution; "federal Safe Drinking Water Act"
means the federal Safe Drinking Water Act, 42 USC, Section 300f et seq., including amendments
thereto and regulations thereunder; "monitoring system" means a system or method for measuring the
quality or quantity of a discharge or its impact on the waters of the state. Such system or method shall
provide for any means the commissioner reasonably deems necessary to assure the security of the
system and the accuracy of monitoring results, including, but not limited to, automatic monitoring;
"effluent limitation" means any restriction, established by the commissioner by regulations adopted in
accordance with the provisions of chapter 54, on quantities, rates or concentrations of chemical,
physical, biological and other constituents which are discharged into the waters of the state and
established by permit, schedule of compliance or administrative order; "economic benefit" includes the
amount of any savings resulting from avoided or delayed expenditures as a result of noncompliance
with the effluent limitations of a permit to discharge into the waters of the state, and includes capital or
one‐time expenditures, operating costs, maintenance costs and any other benefits resulting from
noncompliance; "persistent violator" means any person or municipality which holds a permit to
discharge into the waters of the state and which has exceeded any effluent limitation by a factor of one
and one‐half or more for four out of six consecutive reporting periods.
Sec. 22a‐424. (Formerly Sec. 25‐54c). Powers and duties of commissioner. The commissioner shall
have the following powers and duties:
(a) To exercise general supervision of the administration and enforcement of this chapter;
(b) To develop comprehensive programs for the prevention, control and abatement of new or existing
pollution of the waters of the state;
(c) To advise, consult and cooperate with other agencies of the state, the federal government, other
states and interstate agencies and with affected groups, political subdivisions and industries in
furtherance of the purposes of this chapter. Such powers and duties shall include receiving information
provided by the United States Environmental Protection Agency, which if subject to a claim of
confidentiality pursuant to the federal Freedom of Information Act of 1976 (5 USC 552) and regulations
adopted thereunder, shall be kept confidential by the commissioner notwithstanding any of the
provisions of section 1‐210 to the contrary;
(d) To submit plans for the prevention and control of water pollution and to render reports and accounts
to the Administrator of the Environmental Protection Agency and to any other federal officer or agency
on such forms containing such information as the said Administrator or any other federal officer or
agency, may reasonably require, in order to qualify the state and its municipalities for grants from the
United States government;
(e) To encourage, participate in or conduct studies, investigations, research and demonstrations, and
collect and disseminate information, relating to water pollution and the causes, prevention, control and
abatement thereof;
(f) To issue, modify or revoke orders prohibiting or abating pollution of the waters of the state, or
requiring the construction, modification, extension or alteration of pollution abatement facilities or
monitoring systems, or any parts thereof, or adopting such other remedial measures as are necessary
to prevent, control or abate pollution;
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(g) To hold such hearings as may be required under the provisions of this chapter and the federal Water
Pollution Control Act or other applicable federal law, for which he shall have the power to issue notices
by certified mail, administer oaths, take testimony and subpoena witnesses and evidence;
(h) To require the submission of plans, specifications and other necessary data for, and inspect the
construction of, pollution abatement facilities and monitoring or disposal systems in connection with
the issuance of such permits or approvals as may be required by this chapter and the federal Water
Pollution Control Act;
(i) To issue, continue in effect, revoke, transfer, modify or deny permits, under such conditions as he
may prescribe, for the discharge of any water, substance or material into the waters of the state, or
orders for or approval of the installation, modification or operation of pollution abatement facilities or
monitoring systems;
(j) To require proper maintenance and operation of monitoring and disposal systems;
(k) To exercise all incidental powers necessary to carry out the purposes of this chapter and the federal
Water Pollution Control Act;
(l) To adopt regulations in accordance with the provisions of chapter 54 to implement this chapter and
to comply with the federal Water Pollution Control Act and the federal Safe Drinking Water Act;
(m) Either on his own initiative or upon complaint, to investigate or order the person who caused or
reasonably may be expected to cause the pollution to investigate all points of existing or potential
waste discharge which may directly or indirectly result in pollution of the waters of the state provided
upon written complaint by the Commissioner of Public Health, the chief executive officer of a
municipality, the warden or any of the burgesses of a borough, a committeeman of a fire district or a
local or district director of health, the commissioner shall investigate or order the person who caused or
reasonably may be expected to cause the pollution to investigate all points of existing or potential
waste discharges which may directly or indirectly result in pollution of the waters of the state.
Sec. 22a‐425. (Formerly Sec. 25‐54d). Records. The commissioner may require any person or
municipality to maintain such records relating to pollution, possible pollution or the operation of
pollution abatement facilities as he deems necessary to carry out the provisions of this chapter and the
federal Water Pollution Act. The commissioner or his authorized representative shall have access to
such records, and may examine and copy any such records or memoranda pertaining thereto, or shall
be furnished copies of such records on request.
Sec. 22a‐426. (Formerly Sec. 25‐54e). Standards of water quality.
(a) The Commissioner of Environmental Protection shall adopt, and may thereafter amend, standards
of water quality applicable to the various waters of the state or portions thereof as provided in this
section. Such standards shall be consistent with the federal Water Pollution Control Act and shall be for
the purpose of qualifying the state and its municipalities for available federal grants and for the purpose
of providing clear and objective public policy statements of a general program to improve the water
resources of the state; provided no standard of water quality adopted shall plan for, encourage or
permit any wastes to be discharged into any of the waters of the state without having first received the
treatment available and necessary for the elimination of pollution. Such standards of quality shall: (1)
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Apply to interstate waters or portions thereof within the state; (2) apply to such other waters within the
state as the commissioner may determine is necessary; (3) protect the public health and welfare and
promote the economic development of the state; (4) preserve and enhance the quality of state waters
for present and prospective future use for public water supplies, propagation of fish and aquatic life and
wildlife, recreational purposes and agricultural, industrial and other legitimate uses; (5) be consistent
with health standards as established by the Department of Public Health.
(b) Prior to adopting, amending or repealing standards of water quality, the commissioner shall conduct
a public hearing. Notice of such hearing specifying the waters for which standards are sought to be
adopted, amended or repealed and the time, date and place of such hearing shall be published as
provided in said subdivision (1) of section 22a‐6 and also at least twice during the thirty‐day period
preceding the date of the hearing in a newspaper having a general circulation in the area affected and
shall be given by certified mail to the chief executive officer of each municipality in such area. Prior to
the hearing the commissioner shall make available to any interested person any information he has as
to the water which is the subject of the hearing and the standards under consideration, and shall afford
to any interested person the opportunity to submit to him any written material. At the hearing, any
person shall have the right to make a written or oral presentation. A full transcript or recording of each
hearing shall be made and kept available in the files of the Department of Environmental Protection.
(c) The commissioner shall establish the effective date of the adoption, amendment or repeal of
standards of water quality, subject to the provisions of subdivision (1) of section 22a‐6. Notice of such
adoption, amendment or repeal shall be published in the Connecticut Law Journal upon acceptance
thereof by the federal government.
(d) The commissioner shall monitor the quality of the subject waters to demonstrate the results of his
program to abate pollution.
Sec. 22a‐427. (Formerly Sec. 25‐54f). Pollution or discharge of wastes prohibited. No person or
municipality shall cause pollution of any of the waters of the state or maintain a discharge of any
treated or untreated wastes in violation of any provision of this chapter.
Sec. 22a‐428. (Formerly Sec. 25‐54g). Orders to municipalities to abate pollution. If the
commissioner finds that any municipality is causing pollution of the waters of the state, or that a
community pollution problem exists, or that pollution by a municipality or a community pollution
problem can reasonably be anticipated in the future, he may issue to the municipality an order to abate
pollution. If the commissioner, after giving due regard to regional factors, determines that such
pollution can best be abated by the action of two or more adjacent municipalities, he may issue his
order jointly or severally to such municipalities. If a community pollution problem exists in, or if
pollution is caused by, a municipality geographically located all or partly within the territorial limits of
another municipality, the commissioner may, after giving due regard to regional factors, determine
which municipality shall be ordered to abate the pollution or may, after giving due regard to regional
factors, issue an order to both of such municipalities jointly to provide the facilities necessary to abate
the pollution. Any order issued pursuant to this section shall include a time schedule for action by the
municipality or municipalities, as the case may be, which may require, but is not limited to, the
following steps to be taken by such municipality or municipalities: (a) Submission of an engineering
report outlining the problem and recommended solution therefor for approval by the commissioner; (b)
submission of contract plans and specifications for approval by the commissioner; (c) arrangement of
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financing; (d) acceptance of state and federal construction grants; (e) advertisement for construction
bids; (f) start of construction; (g) placing in operation.
Sec. 22a‐429. (Formerly Sec. 25‐54h). Order to person to abate pollution. Section 22a‐429 is
repealed.
Sec. 22a‐430. (Formerly Sec. 25‐54i). Permit for new discharge. Regulations. Renewal. Special
category permits or approvals. Limited delegation. General permits.
(a) No person or municipality shall initiate, create, originate or maintain any discharge of water,
substance or material into the waters of the state without a permit for such discharge issued by the
commissioner. Any person who initiated, created or originated a discharge prior to May 1, 1967, and
any municipality which initiated, created or originated a discharge prior to April 10, 1973, for which a
permit has not been issued pursuant to this section, shall submit an application for a permit for such
discharge on or before July 1, 1987. Application for a permit shall be on a form prescribed by the
commissioner, shall include such information as the commissioner may require and shall be
accompanied by a fee of twenty‐five per cent more than the amount established in regulations in effect
on July 1, 1990. On and after July 1, 1991, such fees shall be as prescribed by regulations adopted by the
commissioner in accordance with chapter 54. The commissioner shall not issue or renew a permit
unless such issuance or renewal is consistent with the provisions of the federal Clean Water Act (33 USC
1251 et seq.).
(b) The commissioner, at least thirty days before approving or denying a permit application for a
discharge, shall publish once in a newspaper having a substantial circulation in the affected area notice
of (1) the name of the applicant; (2) the location, volume, frequency and nature of the discharge; (3) the
tentative decision on the application, and (4) additional information the commissioner deems
necessary to comply with the federal Clean Water Act (33 USC 1251 et seq.). There shall be a comment
period following the public notice during which period interested persons and municipalities may
submit written comments. After the comment period, the commissioner shall make a final
determination either that (A) such discharge would not cause pollution of any of the waters of the state,
in which case he shall issue a permit for such discharge, or (B) after giving due regard to any proposed
system to treat the discharge, that such discharge would cause pollution of any of the waters of the
state, in which case he shall deny the application and notify the applicant of such denial and the reasons
therefor, or (C) the proposed system to treat such discharge will protect the waters of the state from
pollution, in which case he shall, except as provided pursuant to subsection (j) of this section, require
the applicant to submit plans and specifications and such other information as he may require and shall
impose such additional conditions as may be required to protect such water, and if the commissioner
finds that the proposed system to treat the discharge, as described by the plans and specifications or
such other information as may be required by the commissioner pursuant to subsection (j) of this
section, will protect the waters of the state from pollution, he shall notify the applicant of his approval
and, when such applicant has installed such system, in full compliance with the approval thereof, the
commissioner shall issue a permit for such discharge, or (D) the proposed system to treat such
discharge, as described by the plans and specifications, will not protect the waters of the state, in which
case he shall promptly notify the applicant that its application is denied and the reasons therefor. No
permit shall be issued for an alternative on‐site sewage treatment system, as defined in the Public
Health Code, in a drinking water supply watershed unless the commissioner determines that (i) such
system is the only feasible solution to an existing pollution problem and that the proposed system
capacity does not exceed the capacity of the failed on‐site system, or (ii) such system is for the
expansion of an existing municipal or public school project or for new construction of a municipal or
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public school project on an existing municipal or public school site, in a municipality in which a majority
of the land is located within a drinking water supply watershed. The commissioner shall, by regulations
adopted in accordance with the provisions of chapter 54, establish procedures, criteria and standards as
appropriate for determining if (I) a discharge would cause pollution to the waters of the state, and (II) a
treatment system is adequate to protect the waters of the state from pollution. Such procedures,
criteria and standards may include schedules of activities, prohibitions of practices, operating and
maintenance procedures, management practices and other measures to prevent or reduce pollution of
the waters of the state, provided the commissioner in adopting such procedures, criteria and standards
shall consider best management practices. The regulations shall specify the circumstances under which
procedures, criteria and standards for activities other than treatment will be required. For the purposes
of this section, "best management practices" means those practices which reduce the discharge of
waste into the waters of the state and which have been determined by the commissioner to be
acceptable based on, but not limited to, technical, economic and institutional feasibility. Any applicant,
or in the case of a permit issued pursuant to the federal Water Pollution Control Act, any person or
municipality, who is aggrieved by a decision of the commissioner where an application has not been
given a public hearing shall have the right to a hearing and an appeal therefrom in the same manner as
provided in sections 22a‐436 and 22a‐437. Any applicant, or in the case of a permit issued pursuant to
the federal Water Pollution Control Act, any person or municipality, who is aggrieved by a decision of
the commissioner where an application has been given a public hearing shall have the right to appeal as
provided in section 22a‐437. The commissioner may, by regulation, exempt certain categories, types or
sizes of discharge from the requirement for notice prior to approving or denying the application if such
category, type or size of discharge is not likely to cause substantial pollution. The commissioner may
hold a public hearing prior to approving or denying any application if in his discretion the public interest
will be best served thereby, and he shall hold a hearing upon receipt of a petition signed by at least
twenty‐five persons. Notice of such hearing shall be published at least thirty days before the hearing in
a newspaper having a substantial circulation in the area affected.
(c) The permits issued pursuant to this section shall be for a period not to exceed five years, except that
any such permit shall be subject to the provisions of section 22a‐431. Such permits: (1) Shall specify the
manner, nature and volume of discharge; (2) shall require proper operation and maintenance of any
pollution abatement facility required by such permit; (3) may be renewable for periods not to exceed
five years each in accordance with procedures and requirements established by the commissioner; and
(4) shall be subject to such other requirements and restrictions as the commissioner deems necessary
to comply fully with the purposes of this chapter, the federal Water Pollution Control Act and the
federal Safe Drinking Water Act. An application for a renewal of a permit which expires after January 1,
1985, shall be filed with the commissioner at least one hundred eighty days before the expiration of
such permit. The commissioner, at least thirty days before approving or denying an application for
renewal of a permit, shall publish once in a newspaper having substantial circulation in the area
affected, notice of (A) the name of the applicant; (B) the location, volume, frequency and nature of the
discharge; (C) the tentative decision on the application; and (D) such additional information the
commissioner deems necessary to comply with the federal Clean Water Act (33 USC 1251 et seq.).
There shall be a comment period following the public notice during which period interested persons
and municipalities may submit written comments. After the comment period, the commissioner shall
make a final determination that (i) continuance of the existing discharge would not cause pollution of
the waters of the state, in which case he shall renew the permit for such discharge, (ii) continuance of
the existing system to treat the discharge would protect the waters of the state from pollution, in which
case he shall renew a permit for such discharge, (iii) the continuance of the existing system to treat the
discharge, even with modifications, would not protect the waters of the state from pollution, in which
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case he shall promptly notify the applicant that its application is denied and the reasons therefor, or (iv)
modification of the existing system or installation of a new system would protect the waters of the
state from pollution, in which case he shall renew the permit for such discharge. Such renewed permit
may include a schedule for the completion of the modification or installation to allow additional time
for compliance with the final effluent limitations in the renewed permit provided (I) continuance of the
activity producing the discharge is in the public interest; (II) the interim effluent limitations in the
renewed permit are no less stringent than the effluent limitations in the previous permit; and (III) the
schedule would not be inconsistent with the federal Water Pollution Control Act. No permit shall be
renewed unless the commissioner determines that the treatment system adequately protects the
waters of the state from pollution. Any applicant, or in the case of a permit issued pursuant to the
federal Water Pollution Control Act, any person or municipality, who is aggrieved by a decision of the
commissioner where an application for a renewal has not been given a public hearing shall have the
right to a hearing and an appeal therefrom in the same manner as provided in sections 22a‐436 and
22a‐437. Any applicant, or in the case of a permit issued pursuant to the federal Water Pollution Control
Act, any person or municipality, who is aggrieved by a decision of the commissioner where an
application for a renewal has been given a public hearing shall have the right to appeal as provided in
section 22a‐437. Any category, type or size of discharge that is exempt from the requirement of notice
pursuant to subsection (b) of this section for the approval or denial of a permit shall be exempt from
notice for approval or denial of a renewal of such permit. The commissioner may hold a public hearing
prior to approving or denying an application for a renewal if in his discretion the public interest will be
best served thereby, and he shall hold a hearing upon receipt of a petition signed by at least twenty‐five
persons. Notice of such hearing shall be published at least thirty days before the hearing in a newspaper
having a substantial circulation in the area affected.
(d) If the commissioner finds that any person or municipality has initiated, created or originated or is
maintaining any discharge into the waters of the state without a permit as required in subsection (a) of
this section, or in violation of such a permit, the commissioner may issue an order to abate pollution
which shall include a time schedule for the accomplishment of the necessary steps leading to the
abatement of such pollution, or notwithstanding any request for a hearing pursuant to section 22a‐436
or the pendency of an appeal therefrom, the commissioner may request the Attorney General to bring
an action in the superior court for the judicial district of Hartford (1) to enjoin such discharge by such
person or municipality until the person or municipality has received a permit from the commissioner or
has complied with a permit which the commissioner has issued pursuant to this section, or (2) for
injunctive relief to remediate the effects of such discharge. Any such action brought by the Attorney
General shall have precedence in the order of trial as provided in section 52‐191.
(e) When the commissioner determines that any person or municipality has complied with an order
issued pursuant to section 22a‐428, 22a‐431 or 22a‐432, he may issue a permit which shall thereafter be
deemed equivalent to a permit issued under subsection (b) of this section, provided a public hearing
shall not be required prior to issuing such permit unless required by the federal Water Pollution Control
Act and the federal Safe Drinking Water Act.
(f) The commissioner may, by regulation, establish and define categories of discharges, including but
not limited to, residential swimming pools, small community sewerage systems, household and small
commercial disposal systems and clean water discharges, for which he may delegate authority to any
other state agency, water pollution control authority, municipal building official or municipal or district
director of health to issue permits or approvals in accordance with this section or to issue orders
pursuant to sections 22a‐428, 22a‐431, 22a‐432 and 22a‐436. In establishing such categories the
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commissioner shall consider (1) whether each discharge in such category, because of size and character,
is likely to cause significant pollution to the waters of the state; (2) whether knowledge and training
concerning disposal systems for each discharge in such category is within the expertise of such agency,
authority, official or director; (3) whether the source of each discharge in such category is likely to be
within the jurisdiction of such agency, authority, official or director for other matters. The
commissioner shall establish, by regulation, minimum requirements for disposal systems for discharges
in such categories. Any permit denied or order issued by any such agency, authority, official or director
shall be subject to hearing and appeal in the manner provided in sections 22a‐436 and 22a‐437,
provided such agency, authority, official or director has been duly delegated authority by the
commissioner pursuant to this subsection. Any permit granted by any such agency, authority, official or
director to which the commissioner has delegated authority pursuant to this subsection shall thereafter
be deemed equivalent to a permit issued under subsection (b) of this section.
(g) The commissioner shall, by regulation adopted prior to October 1, 1977, establish and define
categories of discharges which constitute household and small commercial subsurface disposal systems
for which he shall delegate to the Commissioner of Public Health the authority to issue permits or
approvals and to hold public hearings in accordance with this section, on and after said date. The
Commissioner of Public Health shall, pursuant to section 19a‐36, establish minimum requirements for
household and small commercial subsurface disposal systems and procedures for the issuance of such
permits or approvals by the local director of health or a sanitarian registered pursuant to chapter 395.
As used in this subsection, small commercial disposal systems shall include those subsurface disposal
systems with a capacity of five thousand gallons per day or less. Any permit denied by the
Commissioner of Public Health, or a director of health or registered sanitarian shall be subject to
hearing and appeal in the manner provided in section 19a‐229. Any permit granted by said
Commissioner of Public Health, or a director of health or registered sanitarian on or after October 1,
1977, shall be deemed equivalent to a permit issued under subsection (b) of this section.
(h) Each person holding a permit to discharge into the waters of the state shall pay an annual fee of
twenty‐five per cent more than the fee established by regulations in effect on July 1, 1990. The
commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the
amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees
required by this section shall be as prescribed in such regulations.
(i) (1) Notwithstanding the provisions of subsection (c) of this section, the commissioner may issue a
permit for a discharge to waters of the state from any solid waste disposal area, as defined in section
22a‐207, or from any subsurface sewage disposal system for a period not to exceed thirty years, and for
any other discharge for a period not to exceed ten years, provided such permit is not inconsistent with
the federal Water Pollution Control Act. Any permit issued pursuant to this subsection shall be subject
to the provisions of section 22a‐431. For the purpose of this subsection, "subsurface sewage disposal
system" means a system consisting of a house or collection sewer, a septic tank followed by a leaching
system, any necessary pumps or siphons and any groundwater control system on which the operation
of the leaching system is dependent.
(2) Permits for the categories of discharge for which ten‐year and thirty‐year permits may be issued
pursuant to subdivision (1) of this subsection which are in effect on October 1, 1996, shall not expire
until five years or twenty‐five years, respectively, after the expiration date stated in the permit,
provided such extension is not inconsistent with the federal Water Pollution Control Act and further
provided no such permit may be valid for a period greater than thirty years and further provided, the
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commissioner may, no earlier than two hundred seventy days before the expiration date stated in the
permit, send notice to the permittee that an application for permit renewal must be submitted not later
than one hundred eighty days prior to the expiration date stated in the permit. If a timely and sufficient
application for renewal is submitted within such time, the permit shall be continued in accordance with
subsection (b) of section 4‐182. If a timely and sufficient application is not submitted within such time,
the permit shall expire unless such permit is extended pursuant to section 22a‐6j. Nothing in this
section shall affect the commissioner's authority to take action under this chapter, including but not
limited to, issuance of orders under section 22a‐431.
(j) (1) The commissioner may exempt persons who or municipalities which apply for permits for the
following discharges from the requirement to submit plans and specifications under subsection (b) of
this section:
(A) A discharge from a new treatment or disposal system which system is substantially the same as a
system that the applicant is operating in compliance with a permit for said system issued by the
commissioner;
(B) The discharge is described in a general permit issued by the commissioner pursuant to section
22a‐430b;
(C) The discharge is from a system, the purpose of which, as determined by the commissioner, is not
to treat any toxic or hazardous substances; or
(D) The discharge is exempt from public notice under subsection (b) of section 22a‐430 and
regulations adopted thereunder.
(2) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to
establish other categories of discharges which may be exempted from the requirement to submit plans
and specifications under subsection (b) of this section. Such regulations may include, but not be limited
to, the following: (A) Minimum standards for the design and operation of treatment systems for such
discharges; and (B) requirements for submission of information concerning such discharges.
(k) The commissioner shall not deny a permit under this section if the basis for such denial is a
determination by the commissioner that the proposed activity for which application has been made is
inconsistent with the state plan of conservation and development adopted under section 16a‐30.
Sec. 22a‐430a. Delegation of authority to issue certain permits to municipal water pollution control
authorities. Section 22a‐430a is repealed, effective October 1, 1997.
Sec. 22a‐430b. General permits. Regulations. (a) The Commissioner of Environmental Protection may
issue a general permit for a category or categories of discharges regulated pursuant to section 22a‐430,
except for a discharge covered by an individual permit. The general permit may regulate, within a
geographical area, (1) A category of discharges which: Involve the same or substantially similar types of
operations, involve the same type of wastes, require the same effluent limitations, operating conditions
or standards, and require the same or similar monitoring and which in the opinion of the commissioner
are more appropriately controlled under a general permit; (2) stormwater discharges; or (3) a category
of discharges not requiring a permit under the federal Water Pollution Control Act. Any person or
municipality conducting an activity covered by a general permit shall not be required to apply for or
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obtain an individual permit pursuant to section 22a‐430, except as provided in subsection (c) of this
section. The general permit may require that any person or municipality initiating, creating, originating
or maintaining any discharge into the waters of the state under the general permit shall register such
discharge with the commissioner before the general permit becomes effective as to such discharge.
Registration shall be on a form prescribed by the commissioner.
(b) Notwithstanding the provisions of chapter 54, a general permit shall be issued, renewed, modified,
revoked or suspended in accordance with the standards and procedures specified for an individual
permit, in accordance with section 22a‐430 and any regulations adopted thereunder, except that (1)
summary suspension may be ordered in accordance with subsection (c) of section 4‐182; (2) any
proposed or final general permit and notice thereof may address persons or municipalities which are or
may be covered by the general permit as a group, describe the facilities which are or may be covered by
the general permit in general terms; and (3) upon issuance of a proposed or final general permit, the
commissioner shall publish notice thereof in a newspaper of substantial circulation in the affected area.
General permits shall be issued for a term specified by the permit and such terms shall be consistent
with the federal Water Pollution Control Act and shall be subject to the provisions of section 22a‐431.
Such permits shall: (1) Describe the category of discharge regulated by the general permit; (2) specify
the manner, nature and volume of discharge; (3) require proper operation and maintenance of any
pollution abatement facility required by such permit; and (4) be subject to such other requirements and
restriction as the commissioner deems necessary to fully comply with the purposes of this chapter, the
federal Water Pollution Control Act and the federal Safe Drinking Water Act. Any construction or
modification of a pollution abatement facility or disposal system which is undertaken pursuant to and in
accordance with a general permit shall not require submission of plans and specifications to or approval
by the commissioner, unless required pursuant to the terms of the general permit.
(c) Subsequent to the issuance of a general permit, the commissioner may require a person or
municipality initiating, creating, originating or maintaining any discharge which is or may be authorized
by a general permit to obtain an individual permit pursuant to section 22a‐430 if the commissioner
determines that an individual permit would better protect the waters of the state from pollution. The
commissioner may require an individual permit under this subsection in cases including, but not limited
to the following: (1) When the discharger is not in compliance with the conditions in the general permit;
(2) when a change has occurred in the availability of a demonstrated technology or practice for the
control or abatement of pollution applicable to the discharge; (3) when effluent limitations and
conditions are promulgated by the United States Environmental Protection Agency or established by
the commissioner under section 22a‐430 for discharges covered by the general permit; (4) when a
water quality management plan containing requirements applicable to such discharges is approved by
the United States Environmental Protection Agency; (5) when circumstances have changed since the
issuance of the general permit so that the discharger is no longer appropriately controlled under the
general permit, or a temporary or permanent reduction or elimination of the authorized discharge is
necessary; (6) when the discharge is a significant contributor of pollution, provided that in making this
determination, the commissioner may consider the location of the discharge with respect to waters of
the state, the size of the discharge, the quantity and nature of the pollution discharged to waters of the
state, cumulative impacts of discharges covered by the general permit and other relevant factors; or (7)
when the requirements of subsection (a) of this section are not met. The commissioner may require an
individual permit under this subsection only if the affected person or municipality has been notified in
writing that a permit application is required. The notice shall include a brief statement of the reasons
for the commissioner's decision, an application form, a statement setting forth a time for the person or
municipality to file the application, and a statement that on the effective date of the individual permit
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the general permit as it applies to the individual permittee shall automatically terminate. The
commissioner may grant additional time upon the request of the applicant. If the affected person or
municipality does not submit a complete application for an individual permit within the time frame set
forth in the commissioner's notice or as extended by the commissioner in writing, then the general
permit as it applies to the affected person or municipality shall automatically terminate. Any interested
person or municipality may petition the commissioner to take action under this subsection.
(d) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to carry
out the purposes of this section.
Sec. 22a‐430c. Annual inventory of persons and municipalities in significant noncompliance. The
Commissioner of Environmental Protection shall make available to the public an annual inventory of
the persons or municipalities which have been issued a permit under section 22a‐430 and which are in
significant noncompliance, as defined pursuant to 40 CFR Ch. 1, 123.45. Such inventory shall be
available to the public on or before April first of each year.
Sec. 22a‐431. (Formerly Sec. 25‐54j). Periodic investigation of discharges. Order to abate or submit
information. The commissioner shall periodically investigate and review those sources of discharge
which are operating pursuant to any order, permit, directive, registration or decision issued by the
water resources commission or the commissioner before or after May 1, 1967, and, if he determines
that there has been any substantial change in the manner, nature or volume of such discharge which
will cause or threaten pollution to any of the waters of the state, or if he finds that the system treating
such discharge, or the operation thereof, no longer insures or adequately protects against pollution of
the waters of the state, the commissioner may issue an order to abate such pollution to such person or
municipality. Such order shall include a time schedule for the accomplishment of the necessary steps
leading to the abatement of the pollution. The commissioner may issue an order to the person or
municipality responsible for such source of discharge requiring submission to him of information that
he deems necessary describing the manner, nature and volume of such discharge.
Sec. 22a‐432. (Formerly Sec. 25‐54k). Order to correct potential sources of pollution. If the
commissioner finds that any person has established a facility or created a condition before or after June
25, 1985, or is maintaining any facility or condition which reasonably can be expected to create a source
of pollution to the waters of the state, he may issue an order to such person to take the necessary steps
to correct such potential source of pollution. Any person who receives an order pursuant to this section
shall have the right to a hearing and an appeal in the same manner as is provided in sections 22a‐436
and 22a‐437. If the commissioner finds that the recipient of any such order fails to comply therewith, he
may request the Attorney General to bring an action in the superior court for the judicial district of
Hartford to enjoin such person from maintaining such potential source of pollution to the waters of the
state or to take the necessary steps to correct such potential source of pollution. All actions brought by
the Attorney General pursuant to the provisions of this section shall have precedence in the order of
trial as provided in section 52‐191. An innocent landowner, as defined in section 22a‐452d, shall not be
held liable, except through imposition of a lien against the contaminated real estate under section 22a‐
452a, for any order issued under this section on or before August 1, 1990, which order is subject to
appeal as of July 6, 1995, and, after July 1, 1996, for any order issued under this section after July 1,
1996.
Sec. 22a‐433. (Formerly Sec. 25‐54l). Order to landowner. Whenever the commissioner issues an
order to abate pollution to any person pursuant to the provisions of section 22a‐430 or 22a‐431, an
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order to correct potential sources of pollution pursuant to the provisions of section 22a‐432 or an order
to correct a violation of hazardous waste regulations pursuant to section 22a‐449 and the
commissioner finds that such person is not the owner of the land from which such source of pollution or
potential source of pollution emanates, he may issue a like order to the owner of such land or shall send
a certified copy of such order, by certified mail, return receipt requested, to the owner at his last‐known
post‐office address, with a notice that such order will be filed on the land records in the town wherein
the land is located. When the commissioner issues such an order to an owner, the owner and the person
causing such pollution shall be jointly and severally responsible. Any owner to whom such an order is
issued or who receives a certified copy of an order pursuant to this section shall be entitled to all notices
of, and rights to participate in, any proceedings before or orders of the commissioner and to such
hearing and rights of appeal as are provided for in sections 22a‐436 and 22a‐437. An innocent
landowner, as defined in section 22a‐452d, shall not be held liable except through imposition of a lien
against the contaminated real estate under section 22a‐452a, for any assessment, fine or other costs
imposed by the state under this section in any enforcement or cost recovery action if such action has
become final, and is no longer subject to appeal, prior to June 30, 1993.
Sec. 22a‐434. (Formerly Sec. 25‐54m). Filing of order on land records. When the commissioner issues
a final order to any person to correct potential sources of pollution or to abate pollution, the
commissioner shall cause a certified copy thereof to be filed on the land records in the town wherein
the land is located, and such order shall constitute a notice to the owner's heirs, successors and assigns.
When the order has been fully complied with, the commissioner shall issue a certificate showing such
compliance, which certificate the commissioner shall cause to be recorded on the land records in the
town wherein the order was previously recorded. A certified copy of the certificate shall be sent to the
owner of the land at such owner's last‐known post office address.
Sec. 22a‐434a. Notice of contaminated wells; abatement of contamination or abandonment of well
to be on land records. The Commissioner of Environmental Protection may cause to be filed on the
land records in the town wherein the subject land is located a notice that water from a well on said land
has been determined by the Commissioner of Public Health to create an unacceptable risk of injury to
the health or safety of persons using the water for drinking or other personal or domestic uses. When
the water from said well is determined by the Commissioner of Public Health no longer to present such
a risk, or when the local or district director of health, in accordance with the provisions of the
Connecticut Well Drilling Code adopted pursuant to section 25‐128, has verified that the well has been
properly abandoned, the Commissioner of Environmental Protection shall cause to be filed on the land
records in the town wherein the notice was previously recorded a notice to that effect.
Sec. 22a‐435. (Formerly Sec. 25‐54n). Injunction. If any person or municipality fails to comply with any
order to abate pollution, or any part thereof, issued pursuant to the provisions of section 22a‐428, 22a‐
431 or 22a‐433, and no request for a hearing on such order or appeal therefrom is pending and the time
for making such request or taking such appeal has expired, the commissioner may request the Attorney
General to bring an action in the superior court for the judicial district of Hartford to enjoin such person
or municipality from maintaining such pollution and to comply fully with such order or any part thereof.
All actions brought by the Attorney General pursuant to the provisions of this section shall have
precedence in the order of trial as provided in section 52‐191.
Sec. 22a‐436. (Formerly Sec. 25‐54o). Hearing on order to abate. Each order to abate pollution issued
under section 22a‐428 or 22a‐431 or decision under subsection (b) or (c) of section 22a‐430 shall be sent
by certified mail, return receipt requested, to the subject of such order or decision and shall be deemed
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issued upon deposit in the mail. Any person who or municipality which is aggrieved by any such order or
decision to deny an application or, in the case of a permit issued pursuant to the federal Water Pollution
Control Act, any decision without prior hearing under subsection (b) or (c) of section 22a‐430 may,
within thirty days from the date such order or decision is sent, request a hearing before the
commissioner. The commissioner shall not grant any request for a hearing at any time thereafter. After
such hearing, the commissioner shall consider the facts presented to him by the person or municipality,
including, but not limited to, technological feasibility, shall consider the rebuttal or other evidence
presented to or by him, and shall then revise and resubmit the order to the person or municipality, or
inform the person or municipality that the previous order has been affirmed and remains in effect. The
request for a hearing as provided for in this section or a decision under subsection (b) or (c) of section
22a‐430 made after a public hearing shall be a condition precedent to the taking of an appeal by the
person or municipality under the provisions of section 22a‐437. The commissioner may, after the
hearing provided for in this section, or at any time after the issuance of his order, modify such order by
agreement or extend the time schedule therefore if he deems such modification or extension advisable
or necessary, and any such modification or extension shall be deemed to be a revision of an existing
order and shall not constitute a new order. There shall be no hearing subsequent to or any appeal from
any such modification or extension.
Sec. 22a‐437. (Formerly Sec. 25‐54p). Appeal.
(a) Any person who or municipality which is aggrieved by a decision under subsection (b) or (c) of
section 22a‐430 or by any order of the commissioner other than an order under section 22a‐6b, to abate
pollution may, after a hearing by the commissioner as provided for in section 22a‐436 or subsection (b)
or (c) of section 22a‐430, appeal from the final determination of the commissioner based on such
hearing to the Superior Court as provided in chapter 54. Such appeal shall have precedence in the order
of trial as provided in section 52‐192.
(b) Notwithstanding the provisions of any other statute to the contrary, any appeal by a person or
municipality aggrieved by an order of the commissioner to abate pollution, other than an order under
section 22a‐6b, or by a decision under subsection (b) of section 22a‐430, shall be pursuant to this
section.
Sec. 22a‐438. (Formerly Sec. 25‐54q). Forfeiture for violations. Penalties.
(a) Any person who or municipality which violates any provision of this chapter, or section 22a‐6 or 22a‐
7 shall be assessed a civil penalty not to exceed twenty‐five thousand dollars, to be fixed by the court,
for each offense. Each violation shall be a separate and distinct offense and, in case of a continuing
violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The
Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court
for the judicial district of Hartford to recover such penalty. In determining the amount of any penalty
assessed under this subsection, the court may consider the nature, circumstances, extent and gravity of
the violation, the person or municipality's prior history of violations, the economic benefit resulting to
the person or municipality from the violation, and such other factors deemed appropriate by the court.
The court shall consider the status of a person or municipality as a persistent violator. The provisions of
this section concerning a continuing violation shall not apply to a person or municipality during the time
when a hearing on the order pursuant to section 22a‐436 or an appeal pursuant to section 22a‐437 is
pending.
(b) Any person who with criminal negligence violates any provision of this chapter, or section 22a‐6 or
22a‐7 shall be fined not more than twenty‐five thousand dollars per day for each day of violation or be
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imprisoned not more than one year or both. A subsequent conviction for any such violation shall carry a
fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not
more than two years or both. For the purposes of this subsection, person includes any responsible
corporate officer or municipal official.
(c) Any person who knowingly violates any provision of this chapter, or section 22a‐6 or 22a‐7 shall be
fined not more than fifty thousand dollars per day for each day of violation or be imprisoned not more
than three years or both. A subsequent conviction for any such violation shall carry a fine of not more
than one hundred thousand dollars per day for each day of violation or imprisonment for not more than
ten years or both. For the purposes of this subsection, person includes any responsible corporate officer
or municipal official.
(d) Any person who knowingly makes any false statement, representation, or certification in any
application, record, report, plan, or other document filed or required to be maintained under this
chapter, or section 22a‐6 or 22a‐7 or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required to be maintained under this chapter, or section 22a‐6 or 22a‐7
shall upon conviction be fined not more than twenty‐five thousand dollars for each violation or
imprisoned not more than two years for each violation or both. For the purposes of this subsection,
person includes any responsible corporate officer or municipal official.
(e) Any person who wilfully or with criminal negligence discharges gasoline in violation of any provision
of this chapter, shall be fined not more than fifty thousand dollars per day for each day of violation or be
imprisoned not more than three years or both. A subsequent conviction for any such violation shall
carry a fine of not more than one hundred thousand dollars per day for each day of violation or
imprisonment for not more than ten years or both. For the purposes of this subsection, person includes
any responsible corporate officer or municipal officer.
Sec. 26‐55. Permit for importing, possessing or liberating fish, wild birds, wild mammals, reptiles,
amphibians and invertebrates. No person shall import or introduce into the state, or possess or
liberate therein, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such
person has obtained a permit therefor from the commissioner, provided nothing in this section shall be
construed to require such permit for any primate species that weighs not more than fifty pounds at
maturity that was imported or possessed in the state prior to October 1, 2003. Such permit may be
issued at the discretion of the commissioner under such regulations as the commissioner may
prescribe. The commissioner may by regulation prescribe the numbers of live fish, wild birds, wild
mammals, reptiles, amphibians or invertebrates of certain species which may be imported, possessed,
introduced into the state or liberated therein. The commissioner may by regulation exempt certain
species or groups of live fish from the permit requirements. The commissioner may by regulation
determine which species of wild birds, wild mammals, reptiles, amphibians or invertebrates must meet
permit requirements. The commissioner may totally prohibit the importation, possession, introduction
into the state or liberation therein of certain species which the commissioner has determined may be a
potential threat to humans, agricultural crops or established species of plants, fish, birds, mammals,
reptiles, amphibians or invertebrates. The commissioner may by regulation exempt from permit
requirements organizations or institutions such as zoos, research laboratories, colleges or universities,
public nonprofit aquaria or nature centers where live fish, wild birds, wild mammals, reptiles,
amphibians or invertebrates are held in strict confinement. Any such fish, bird, mammal, reptile,
amphibian or invertebrate illegally imported into the state or illegally possessed therein shall be seized
by any representative of the Department of Environmental Protection and shall be disposed of as
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determined by the commissioner. Any person, except as provided in section 26‐55a, who violates any
provision of this section or any regulation issued by the commissioner as provided in this section shall
be guilty of an infraction. Importation, liberation or possession of each fish, wild bird, wild mammal,
reptile, amphibian or invertebrate in violation of this section or such regulation shall be a separate and
distinct offense and, in the case of a continuing violation, each day of continuance thereof shall be
deemed to be a separate and distinct offense.
Sec. 26‐57. Permits for transportation and exportation of fish, birds, mammals, reptiles,
amphibians and invertebrates. No person shall transport within the state or transport out of the state
any fish, bird, mammal, reptile, amphibian or invertebrate for which a closed season is provided
without a permit from the commissioner, except as provided in this section. The commissioner may
issue a permit to any person to transport within the state or to transport out of the state any fish, bird,
mammal, reptile, amphibian or invertebrate protected under the provisions of this chapter under such
regulations as the commissioner may prescribe. No fish, bird, mammal, reptile, amphibian or
invertebrate shall be transported out of the state unless each unit, package or container is
conspicuously tagged or labeled, and such tag or label contains in legible writing the full name and
address of the person legally authorized to transport out of the state such fish, bird, mammal, reptile,
amphibian or invertebrate. Any such fish, bird, mammal, reptile, amphibian or invertebrate received by
any person or by any common carrier within the state, addressed for shipment to any point without the
state and not having such tag or label conspicuously attached shall be prima facie evidence of a
violation of the provisions of this section. A permit shall not be required to transport within the state or
to transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate which has been
legally taken, bred, propagated or possessed by a person to whom a license, registration or permit has
been issued under the provisions of this chapter authorizing the taking, breeding, propagating or
possessing of fish, birds, mammals, reptiles, amphibians or invertebrates, and no permit shall be
required to transport within the state or to transport out of the state any fish, bird, mammal, reptile,
amphibian or invertebrate that has been legally taken or acquired by a person exempt from license
requirements under the provisions of this chapter. Any person who violates any provision of this section
shall be fined not less than ten dollars or more than two hundred dollars or imprisoned not more than
sixty days, or be both fined and imprisoned.
Sec. 26‐157a. Lobster management program.
(a) All live cars or other devices in which lobsters are kept in the water, after having been removed from
the pots, traps or trawls in which they were caught shall have branded thereon, in letters or figures not
less than three‐quarters of an inch in height the number of the license issued by the commissioner to
the owner of such live car or other device for the taking of lobsters. All live cars and other devices not
marked as herein provided and all lobsters found in such live cars or other devices may be seized by any
authorized representative of the department and disposed of as determined by the commissioner.
Authorized representatives of the commissioner may enter upon the premises of lobster fishermen and
lobster dealers at any time to inspect lobsters, lobster pots, traps, trawls, pounds, tanks and other
devices used for taking and holding lobsters to determine that the provisions of this section are being
complied with.
(b) All lobster pots, traps or similar devices for the catching of lobsters shall be suitably identified by
having legibly branded on the top of the pot, or trap or similar device and painted or branded on the
float in letters or figures not less than three‐quarters of an inch in height the number of the license
issued by the commissioner to the owner of such pot, trap or similar device for the taking of lobsters. All
lobster pots, traps or similar devices not marked as provided in this subsection and all lobsters found in
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such lobster pots, traps or similar devices may be seized by any authorized representative of the
department and disposed of as determined by the commissioner. The commissioner may adopt
regulations, in accordance with the provisions of chapter 54, governing a lobster management plan.
Such regulations shall be consistent with the Atlantic State Marine Fisheries Commission's lobster
management plan. Such regulations shall not include any fee related to the development or
implementation of such plan. Following adoption of the regulations in this subsection, the
commissioner may charge a fee for a tag to be attached or affixed to each pot, trap or similar device.
Such fee shall be consistent with the cost of the tag which shall be provided by a person selected in
accordance with section 4a‐57. In addition to such fee, the commissioner may charge up to three cents
per tag for the administrative costs of the development and implementation of such plan.
(c) No person shall bring ashore in this state or possess on the waters of this state, live lobsters unless
licensed to take lobsters in Connecticut waters except such lobsters as were legally brought into such
waters from ashore or were obtained from a person licensed to take such lobsters; provided, the
commissioner may issue a landing license for the landing and selling in this state of live lobsters, to
residents of states which do not issue nonresident commercial fishing licenses, provided such lobsters
were taken in waters where such nonresidents were licensed to take such lobsters.
(d) No person shall bring ashore in this state or possess on the waters of this state any portion of a
lobster including lobster meat, lobster claws, lobster tails or other parts, except as were legally brought
into such waters from ashore or except for immediate personal consumption.
(e) No person shall set, tend or assist in setting or tending any lobster pot, trap or similar device for the
catching of lobsters or set any mooring on any oyster bed without the permission of the owner or lessee
of such bed.
(f) Any person who violates any provision of this section, section 2 of public act 85‐434* or any
regulation adopted in accordance with section 26‐157c shall be fined not less than twenty‐five dollars
nor more than two hundred dollars or be imprisoned not more than thirty days or both, for each offense
and each lobster taken or possessed, and each net, pot, trap, trawl, spear or similar device used in
violation of any provision of this section, section 2 of public act 85‐434* or any regulation adopted in
accordance with section 26‐157c shall constitute a separate offense, except that any person who
violates any provision of section 2 of public act 85‐434* or any regulation adopted in accordance with
section 26‐157c shall be fined twenty‐five dollars for each lobster taken or possessed for the first
violation, fifty dollars for each lobster taken or possessed for the second violation and for each
subsequent violation shall be fined one hundred dollars for each lobster taken or possessed. No part of
any fine imposed pursuant to this subsection shall be remitted.
Sec. 45a‐322. (Formerly Sec. 45‐254). Death of owner of real property or oyster grounds to be
recorded. Penalty.
(a) The fiduciary of the estate of any deceased person who at the time of his death was the owner of
any real property situated in this state or any interest in or mortgage or lien upon real property so
situated shall, within two months after becoming qualified to act, lodge, with the town clerk of each
town in which such real property is situated, his certificate in writing, stating the fact and date of the
death of the decedent, the place where he last dwelt and whether the decedent left a will. Such
certificate shall be recorded in the land records of such town.
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(b) When the decedent was at the time of his death the owner of any oyster ground within the state
jurisdiction, the fiduciary shall, within two months after becoming qualified to act, lodge such
certificate, stating the area and location of such oyster ground, with the Commissioner of Agriculture.
Such certificate shall be recorded on the records of the Commissioner of Agriculture.
(c) If any fiduciary fails to perform the duties imposed upon him by this section, he shall, if the decedent
was the owner of real property or any interest therein or mortgage or lien thereon, forfeit and pay to
the town in which such real property is situated the sum of twenty‐five dollars, and shall, if the
decedent was the owner of such oyster ground, forfeit and pay to the state the sum of twenty‐five
dollars, to be recovered in a civil action against the fiduciary, or by an action upon his probate bond, in
the name of the town or state, as the case may be.
Sec. 45a‐323. (Formerly Sec. 45‐255). Oyster grounds as personal property.
In the settlement of the estates of deceased persons and insolvent debtors before any court in this
state, the interest of any such estate in or to any oyster grounds or oysters planted and growing
thereon shall be treated as personal property.
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